Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor (Defendant A: Imprisonment with prison labor for one year, confiscation, Defendant B: imprisonment for eight months, suspended execution for two years, and Defendant C: fine of five million won) of the lower court is too unfluent and unreasonable.

2. Determination

A. As to the Defendant’s assertion against Defendant A and the Prosecutor’s argument, the facts that the Defendant led to confession of and against the instant crime are favorable.

On the other hand, the crime of this case is committed by opening an illegal Internet gambling site and acquiring pecuniary gains. Such illegal Internet gambling is highly harmful to society, such as encouraging the people to commit an excessive gambling, failure in home economy, etc., and the defendant committed a crime over a considerable period of time, and the amount of the crime of this case is not certain, and the fact that the defendant led to the crime of this case is disadvantageous.

In addition to the above various circumstances, comprehensively taking into account the defendant's age, character and conduct, environment, power, motive of crime, method and scale of crime, and circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

B. The instant crime committed by the Prosecutor’s assertion on Defendant B and C is an unfavorable sentencing factor, such as the following: (a) the instant crime was committed by the Prosecutor’s establishment of an illegal Internet gambling site and acquisition of pecuniary gains; (b) such unlawful Internet gambling promotions excessive gambling spirit for the people and failure in home economy; (c) Defendant B committed a crime over a considerable period of time; and (d) the amount of the crime was not significant.

However, the Defendants recognize and reflect the instant crime, and Defendant B is an initial criminal without a previous criminal record. Defendant C does not have a serious criminal record, Defendant B is relatively weak to participate in the instant crime, and C is only two weeks of working period, and the Defendant’s age, character and conduct.