All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A: misunderstanding the legal doctrine, the Defendant, as a “warehouse”, installed a straw, in order to open a gambling place for profit, and did not complete the opening of a gambling place as it is arrested in a state where gambling is not yet impossible, in the course of gathering with withstandings and strawings necessary for the operation of the gambling place, i.e., e., “wets”, “wets”, “wets”, “wets”, etc.

Nevertheless, the judgment of the court below which recognized the defendant's crime of opening a gambling place is erroneous in the misapprehension of legal principles.

B. Defendants: The sentence sentenced by the lower court (one year of imprisonment, six months of suspended sentence, two years of suspended sentence, observation of protection, community service 80 hours) is too unreasonable.

2. Determination

A. As to Defendant A’s assertion of misunderstanding of the legal doctrine, Article 247 of the Criminal Act provides that “A person who opens a place or space for gambling for profit shall be punished by imprisonment with prison labor for not more than five years or by a fine not exceeding 30 million won.”

This crime is an abstract dangerous offender who establishes a place or space for gambling under his own control, and it is not required to attract gambling or gambling in reality.

In this case, as seen earlier, the Defendant himself, as a “warehouse”, has installed tents for gambling for commercial purposes, and is also recognized as arrested during the process of gathering a hurbr and flag, turbr, turbr, turbr, and turbr, etc. In addition, according to the records, it is recognized that at the time of the police control, the Defendant was equipped with both sturging and sturging, turging, chemicaling, food, power generator, turging, etc., and 17 to 18 persons waiting to sit on the floor.

As such, the physical facilities for gambling have been installed, and the number of persons participating in gambling have arrived at the site and are waiting to proceed.