Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

A (Unfairly Undue) The penalty imposed by the court below against the defendant (the fine of 15 million won) is too unreasonable.

The prosecutor (unfair punishment) sentenced by the court below to the defendants (the defendant A: a fine of 15 million won; the defendant F: imprisonment with prison labor for one year; probation; probation; community service order 120 hours; additional collection; the defendant L: imprisonment with prison labor for six months; probation for two years; probation; probation for two years; probation; community service order for 80 hours) is too uneasible.

Judgment

Defendant

The crime of setting up an Internet gambling site on the assertion of unfair sentencing between the two parties on A does not have any social harm, such as promoting the gambling spirit of the people and undermining sound work awareness, and Defendant A was sentenced to criminal punishment several times in the past. On July 22, 2009, Defendant A was sentenced to imprisonment with prison labor for one year and six months for a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) in the Changwon District Court's branch branch on July 28, 201, and released from the facility on July 28, 2011, and then without being aware of it during the period of repeated crime, again led to the crime of this case.

However, in full view of the following facts: Defendant A’s violation of the instant crime and is divided; the period and degree of participation in the instant crime; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as Defendant A’s age, character and conduct, environment, motive, means and consequence of the instant crime; Defendant A’s punishment against Defendant A is too heavy or unreasonable; thus, Defendant A and the prosecutor’s assertion of unfair sentencing is without merit.

The public prosecutor's crime of opening an Internet gambling site on the prosecutor's assertion of unfair sentencing on Defendant F and L is recognized as not having committed social harm and injury, such as promoting a speculative spirit of the people and impairing sound work awareness, but Defendant F and L are against the instant crime and divided.