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Defendant
All appeals filed by A and B and prosecutor against the Defendants are dismissed.
Reasons
1. The summary of the grounds for appeal ( Both parties), Defendant A, and B asserts that the sentence of the court below is too unreasonable, and the prosecutor asserts that the sentence of the court below against the Defendants (Defendant A, B: imprisonment of 8 months and additional collection of 2.5 million won, 2 years of suspended execution and additional collection of 1.5 million won in six months, 2 years of suspended execution and collection of 1.5 million won in prison, Defendant C: imprisonment of 6 months, 2 years of suspended execution and fine of 1 million won in prison, 1.60 hours in community service, and 1.5 million won in additional collection) are too unreasonable.
2. Determination
A. The “normally accompanied lottery ticket” that is common to the Defendants is a lottery ticket that pays dividends by lottery for every five minutes. The illegal strike game of this case is highly harmful to society because it is highly likely to betting in a way that does not limit the daily amount of betting, and the Defendants moved to a place, opened a gambling house at three places, and charged gambling money exceeds KRW 180,000,000, which is disadvantageous to the Defendants.
On the other hand, the Defendants reflects the mistakes, and the Defendants do not seem to have much benefit from the operation of the gambling place, and the Defendants’ social ties are relatively obvious, in favor of the Defendants.
B. Individual circumstances of the Defendants 1) Defendant A recommended the rest of the Defendants to participate in the crime and took charge of the overall duties of operating the gambling place, etc., are the circumstances unfavorable to the above Defendant. Meanwhile, there are no criminal records other than fine two times due to this type of crime, support the wife, son and son and son and son, which are not good health, and the possibility of dismissal from the company where this judgment becomes final and conclusive is favorable to the above Defendant. 2) The above Defendant B’s participation in the crime related to gambling place during the period of repeated crime, and the degree of participation in the crime, such as managing the funds of illegal gambling place, etc.