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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal appealed from the lower court’s punishment [two years of imprisonment, confiscation (No. 10 to 13), additional collection (No. 5,743,00 won)], which is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as the sentence is too unfasible and unfair.
2. The crime of this case set up a gambling space in collusion with the defendant A, B, and the name Buddhist boxes for about one year and eight months. The crime of this case was committed by setting up a gambling site by operating the Internet illegal sports gambling site for about one year and eight months. The crime of this case is committed with very poor quality in light of the period of crime, frequency, method, and contents of the crime, such as setting up cctV at the entrance in order to lead the company to a normal office in operating the gambling site for a long time by sharing the roles systematically, such as setting up ctV at the entrance to avoid crackdowns. It is a crime that has a significant adverse impact on society, such as promoting the gambling spirit of the general public and raising gambling addicts, including the fact that the criminal record reaches 16 times, including the fact that the defendant was sentenced to a fine twice for the same kind of crime, and was led as the total liability for the crime of this case.
However, there are favorable circumstances such as the fact that the defendant confessions and reflects the crime, and that the defendant must support the old-age with poor body.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.
The grounds for each appeal are without merit.
3. As such, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.