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The judgment below
The part against the Defendants is reversed.
Defendant
A Imprisonment with prison labor for six months, and for eight months, the defendant C.
Reasons
1. The summary of the reasons for appeal is that the sentence of sentence (for the defendant A: imprisonment of six months; confiscation; imprisonment of one year; additional collection of one million won) by the court below is too unreasonable.
2. We need to consider the circumstances such as (i) Defendant A had the history of criminal punishment several times; (ii) Defendant A received benefits from the instant crime; and (iii) Defendant A played an important role in opening an illegal gambling site; and (iv) Defendant A knowingly provided another person’s deposit passbook, etc. to the upper party; and (iii) the quality of the crime is not good. On the other hand, Defendant A did not participate in the crime of illegal gambling; and (iv) Defendant A was not taking part in the crime of illegal gambling; and (v) Defendant A was able to repent his mistake in depth through confinement life for about five months after the sentence of the lower judgment.
② Defendant C’s degree of participation in each of the crimes of this case, such as the establishment of an illegal gambling site and the acquisition of operating profits, is not easy, and the total amount of illegal gambling of this case is considerably larger than KRW 6.6 billion; Defendant’s act is to lose desire to work in a sound manner and to encourage the general public to commit a speculative spirit, and the nature of the crime is not good. In light of the above, Defendant C’s sentence of punishment is inevitable.
However, the circumstances need not be taken into account, such as the fact that Defendant C does not have any previous error, the fact that Defendant C voluntarily surrenders to an investigative agency and cooperates in an investigation, the confession of a person committing an offense, and his mistake is divided, and that Defendant C also suffers damage from hostage robbery.
In addition, in full view of the following factors, the Defendants’ age, character and conduct, intelligence and environment, the background leading to the instant case, the circumstances after the commission of the crime, and the conditions for sentencing as shown in the instant pleadings, the lower court sentenced the Defendants to the judgment.