A. In light of the overall circumstances of the Defendants, the sentence imposed by the lower court on the Defendants (Defendant A, B: Imprisonment of one year and two months, confiscation, Defendant C: imprisonment of eight months, probation, probation, community service order of 120 hours, confiscation, Defendant D: imprisonment of eight months, probation, two years of probation, probation, one community service order of 120 hours, and one year and two months of imprisonment) is too unreasonable.

B. In light of the overall circumstances of the instant case by the public prosecutor, the sentence imposed on the Defendant A (one year and two months of imprisonment), the Defendant B (Confiscation, one year and two months of imprisonment), and the Defendant E (one year and two months of imprisonment) by the lower court is deemed to be too uneasible and unfair.

2. Determination

A. Defendant A and Defendants B are both aware of the instant crime and are against their mistake; Defendant A is an initial offender with no criminal power; and Defendant A must rear their wife and children, etc. in favor of the Defendants.

반면 피고인들은 수사기관의 단속을 피하여 10여회나 장소를 옮겨 다니며 게임장을 운영하였고, 일명 깜깜이 차량을 이용하여 손님들을 유치하고 등급분류를 받지 않은 게임기를 설치하여 환전하는 방법으로 게임장을 운영한 업주인 점, 피고인들은 2013. 6. 11.경 단속되어 게임기 등이 압수되었음에도 불구하고 새로이 게임기를 구입하여 다른 곳에서 같은 범행을 계속한 점, 상당한 기간 동안 영업한 점, 피고인 B은 동종 범죄로 1회의 벌금형을 선고받은 전력이 있는 점 등은 피고인들에게 불리한 정상이다.

In addition, in full view of all other circumstances, including the Defendants’ age, character and conduct, living environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence by the court below is deemed appropriate and it is not deemed unfair because it is too hot or uneasible.

B. Defendant C and Defendant D recognized all of the instant crimes.