The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

, however, the defendant.

1. The decision of the court below on the gist of the grounds for appeal (10 months of imprisonment and confiscation, and 8 months of imprisonment) is too unreasonable.

2. Determination

A. Although there are favorable circumstances such as Defendant A’s recognition of the crime of this case and reflects on the assertion of unfair sentencing, Defendant A’s crime of this case is not good in that the crime of this case is committed by the said Defendant, who is not a racing business entity, for profit-making activities related to the rectification, or gambling activities related to horse racing and motorboat, which is systematically engaged in a business of considerable scale of business, and is punished three times due to the same crime, Defendant A takes overall control of the operation of the private bicycle and boat racing of this case, and other conditions indicated in the argument of this case, including Defendant A’s age, character and behavior, family relationship, occupation and environment, and motive for the crime, etc., the lower court’s punishment is not deemed to be unreasonable. Thus, Defendant A’s assertion of unfair sentencing is without merit.

B. As to the Defendant B’s assertion of unreasonable sentencing, the crime of this case by the Defendant B is not good in that the said Defendant, not a racing business entity, engaged in profit-making activities related to rectification, and is punished for the same kind of crime, and is disadvantageous to the Defendant B.

However, in full view of the facts that Defendant B would not repeat the crime of this case while confessioning the crime of this case, that Defendant B does not seem to have led to the operation of the bicycle and boat of this case, that Defendant B died of Defendant B’s married children during the course of the original trial, that there is a family member to support Defendant B, and all other circumstances that are conditions for sentencing, such as Defendant B’s age, character, conduct, environment, family relationship, occupation, economic circumstances, motive, means and consequence of the crime, circumstances after the crime, etc., the sentencing of the lower court against Defendant B is too unreasonable.

3. If so, the defendant B's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.