사행행위등규제및처벌특례법위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal is that the sentence imposed by the lower court on the Defendants (one year of imprisonment, two years of suspended sentence, confiscation, and fine of KRW 5 million in case of Defendant D, and fine of KRW 5 million in case of Defendant E) is too uneased and unfair.
2. Under the judgment, we also examine the prosecutor’s improper arguments about sentencing against the Defendants.
Defendant
A has set up 28 types of game games for speculative electronic gaming machines for three months or longer. In light of the scale of business and the period of business, etc., Defendant D and E, the main business owner of the instant crime, committed an act of speculative acts for more than three months, and Defendant A, as an employee, was prevented from facilitating the instant crime. Although there are unfavorable circumstances for the Defendants, the Defendants are against the Defendants, on the other hand, recognizing the instant crime; Defendant A and E have no criminal history; Defendant D has no criminal history; Defendant D has only been punished once for the instant crime; the motive and background leading up to the instant crime; the means and method of the crime; the circumstances before and after the commission of the crime; the Defendants’ age, sexual behavior, environment, occupation, family relation, etc., the sentence imposed by the lower court cannot be deemed to be too unfair.
3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit. Thus, the Prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.