Text
Defendant
All appeals filed by A and B and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment (a year and six months of imprisonment, confiscation, and collection) of the lower court is too unreasonable.
B. Defendant B’s punishment (one year of imprisonment, additional collection) is too unreasonable.
(c)
Each sentence (Defendant A: Imprisonment with prison labor for a year and six months, confiscation, additional collection, Defendant B: imprisonment with prison labor for a year, additional collection, Defendant C: imprisonment with prison labor for a period of six months, suspended execution for a period of two years, observation of protection, order of community service, and additional collection for a period of 120 hours) that the lower court sentenced to the Defendants is unreasonable.
2. Determination
A. We also examine the grounds for appeal by the Defendant and the Prosecutor regarding the wrongful determination of sentencing by Defendant A and the Prosecutor.
The crime of violation of the National Sports Promotion Act is a situation unfavorable to the defendant, such as: (a) operating the illegal sports gambling site; (b) receiving money as the betting amount from the members of the above site; and (c) paying dividends to the members who correctly predicted the result; (d) the operation of the illegal sports gambling site is highly detrimental to society by encouraging speculative spirit in our society; and (e) inducing many people to commit the gambling crime; and (e) inducing other crimes to raise the gambling fund; (b) the amount of the betting amount during the period of the defendant's participation in the crime, which is approximately KRW 437,215,740, is not small in business size; and (c) the amount of the betting amount during the period of the defendant's participation is more than KRW 437,215,740; and (d) the defendant's participation, such as exercising overall control over the operation of the site and taking charge of fund management; and (e) the period
However, the circumstances are favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case through a prison life for about six months, that the defendant has no record of punishment for the same crime, that there is no record of crime exceeding fines, and that the defendant has paid the penalty imposed in the court below at the trial of the party.
The defendant's participation in the crime is in favor of the above unfavorable circumstances and others.