게임산업진흥에관한법률위반
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions of the Defendants, the lower court’s sentence against the Defendants (Defendant A: imprisonment of August, Defendant B: imprisonment of August, two years of probation, two years of probation, one hundred and twenty hours of community service, and confiscation) is too unreasonable.
B. In light of the various sentencing conditions of the prosecutor’s instant case, the lower court’s punishment against Defendant A is too uneasible and unreasonable.
2. Determination
A. The following facts are the circumstances favorable to the Defendant: (a) the Defendant and the Prosecutor’s assertion together with the instant crime; (b) the Defendant recognized the instant crime and reflected his mistake; and (c) the game room operation period is not long and the profits accrued therefrom are not high.
However, in light of the following: (a) such type of crime requires strict punishment because of the encouragement of an excessive spirit of gambling to the general public that has great harm to society and the continuous control is not eradicated; (b) the Defendant left the crime of this case without being aware of even though he had been in the repeated period; (c) the Defendant was sentenced to a fine for the same kind of crime; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age, happy family environment, and circumstances before and after the crime, the lower court’s punishment against the Defendant is deemed appropriate; and (c) such punishment is too weak or unreasonable.
B. The circumstances favorable to the defendant are that the defendant acknowledged the crime of this case and against his mistake, and that the period of operation of the game room is not long and the profit gained therefrom is not high.
However, the defendant was sentenced to a suspended sentence due to the same crime, and the crime of this case was committed in the name of the defendant and was committed in the name of the defendant, and was paid by the defendant A in general.