Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (a year and June, an additional collection of KRW 5,930,000) is too unreasonable.
2. In light of the judgment, the illegal gambling site is highly harmful to the society by promoting the gambling spirit of the general public and impairing the awareness of sound labor. The amount of transactions on the illegal gambling site established by the crime of this case is considerable reason for sentencing unfavorable to the defendant. The defendant paid a surcharge in the trial, the defendant voluntarily entered the country to self-denunciation and made a counter-influence in the confession of all crimes, the degree of participation in the crime is minor rather than the principal offender such as C, the degree of participation in the crime is minor, and there is no criminal conviction except for those sentenced to a fine due to the crime of injury, and the punishment was detained for about six months.
In full view of the above factors, the sentencing (C: 2 years and 6 months of imprisonment; D: 1 year and 1 year and 6 months of imprisonment; 1 year of imprisonment; 2016No1499); Defendant’s age, family relation, economic situation, circumstances and motive leading to the crime; and other matters concerning the sentencing specified in the records and arguments of this case, the Defendant’s assertion is reasonable, since the sentence of the lower judgment is deemed unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 47 subparagraph 2 of Article 47 of the National Sports Promotion Act, Article 26 (1) of the same Act, and Article 30 of the Criminal Act (generality of, and choice of, imprisonment with labor);
1. Article 62 (1) of the Criminal Act on the suspension of execution;
1. Social service businesses under Article 62-2 of the Criminal Act;
1. Article 51 (3) of the National Sports Promotion Act for collection;