beta
Text
The judgment of the first instance shall be reversed.
Defendant
A Imprisonment with prison labor for six months and with prison labor for defendant B.
Reasons
1. The summary of the grounds for appeal is an unreasonable sentencing factor against the Defendants, including: (a) the crime of gambling on February 2, 198 is highly likely to cause social harm by promoting a speculative spirit and impairing the people’s awareness of sound labor; (b) the Defendants denied the crime at the early stage of the investigation and got married to the investigation; and (c) the Defendants, other than the Defendant B, who again committed the crime during the period of repeated crime of the same kind, and both the other Defendants have the same criminal power.
On the other hand, the size of the gambling place of this case is relatively small, and the business period found to have been involved by some defendants is relatively short, and Defendant A has no criminal records similar to the above Defendant except for the case where Defendant A was sentenced to a fine of KRW 2 million in violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. in 199 and the Act on Special Cases concerning Punishment. Defendant B, compared to Defendant A, the degree of participation in the crime of this case is low, Defendant C, D, and E are merely aiding and abetting, and Defendant C, D, and E are merely aiding and abetting each other. In full view of the various kinds of sentencing conditions indicated in the argument of this case, including the Defendants’ age, character and behavior, family character, conditions before and after the crime, and balance of punishment against the Defendants, each punishment imposed by the first instance
3. According to the conclusion, the appeal by the Defendants is justifiable. Accordingly, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
The substance of facts constituting a crime and the summary of evidence acknowledged by this court is identical to the judgment of the court of first instance, except for the case where the first part of the facts constituting a crime of the court of first instance to be “the above date, time, and place” to be “the above place on November 24, 201,” and the first part to be “the above date, time, and place” to be “the date, time, and place on November 24, 201” to be “the date, time, and place on Article 369 of the Criminal Procedure Act
Application of Statutes
1. Criminal facts;