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Defendant
All appeals filed by A and the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A’s above Defendant reflects his wrong and the circumstances leading up to the commission of the instant crime, etc., the lower court’s punishment (one year of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendants by the prosecutor (one year of imprisonment, ten months of probation, two years of probation, two years of community service order, 120 hours of imprisonment, eight months of probation, two years of probation, two years of probation, and one hundred and twenty hours of community service order) is too unreasonable and unfair.
2. In order to avoid the police control, the Defendants established the instant gambling place in the Gagsan and operated the instant gambling place in a systematic and planned manner. The nature of the crime is not good, the size of the instant gambling place and the instant money is not small, Defendant A play a leading role in the instant crime, Defendant B and C are walking the Gag in the instant gambling place, and Defendant B and C play an essential role in the operation of the gambling place under the name of “Grag” and delivering a certain amount of money among them to the Gagmen.
On the other hand, the defendants appear to have the attitude of recognizing and opposing their mistakes from the investigative agency to the trial of the party. Although they had been punished for the same kind of crime, the fact that all of them were fines, etc. are favorable to the defendants.
In full view of the above circumstances and other conditions of sentencing, including the Defendants’ age, character and conduct, environment, the background of the participation in the instant crime, degree of participation, and circumstances after the commission of the crime, etc., the sentence imposed by the lower court on the Defendants cannot be deemed as being too heavy or unreasonable.
3. The appeal of this case against the defendants A and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.