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The judgment below
The parts against the Defendants are reversed.
Defendant
A, Defendant B, who was sentenced to imprisonment of one year and two months.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below (one year and six months of imprisonment, one year and two months of imprisonment, and one year and two months of imprisonment, and one year and six months, confiscation, additional collection 312,982,90 won) is too unreasonable.
2. Determination
A. The establishment of gambling spaces by Defendant A’s Internet gambling site is highly adverse to society.
Defendant
A is limited to the degree of participation by opening the instant gambling site, including Defendant B, C, and G, and H, and settling profits from managing the instant gambling site, and by opening the instant gambling site, including M, C, D, and E, and performing an overall management role. The period of management of each of the above gambling sites is about eight months.
However, there is no same record to Defendant A, and Defendant A is against the confession from the investigative agency to all the crimes of this case, and it seems that the investigation agency actively cooperates with the investigation to contribute to the arrest of accomplices.
In full view of these circumstances, the lower court’s sentence against Defendant A is somewhat unreasonable, taking into account the motive and circumstance leading to the instant crime, the situation before and after the instant crime, and the sentencing grounds indicated in the instant arguments and records.
Therefore, Defendant A’s assertion is justified.
B. The establishment of gambling spaces by Defendant B’s Internet gambling site is highly likely to adversely affect society.
Defendant
B It is recognized that even if there had been three times of punishment for the same crime (one imprisonment and two times of fines), Defendant A, C, “G,” and “H” established the instant gambling site and provided funds necessary for the operation of the said gambling site.
However, the period during which Defendant B led to the confession of all the crimes of this case from the investigative agency, and the period during which Defendant B participated in the operation of the Internet gambling site of this case is about four months.