2. Determination

A. It is recognized that Defendant A committed the instant crime during the grace period, which became final and conclusive on August 31, 2012 and became final and conclusive by the Changwon District Court on May 18, 2012 due to the violation of the Punishment of Violences, etc. Act (a collective weapon, etc.).

However, considering the fact that the defendant is running the crime of this case, the size of the game of this case is not relatively large, the business period is not long, the defendant is being detained for more than two months, the defendant's mistake is divided in depth, and the above suspension of execution seems to be somewhat harsh. In addition, considering all the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the motive, means and consequence of the crime of this case, the circumstances after the crime of this case, etc., the sentence imposed by the court below is deemed to be reasonable, and it is not recognized that the sentence imposed by the defendant is unfair because it is too unreasonable. Thus, the prosecutor's assertion of unfair sentencing against the defendant A is without merit.

B. Although it is recognized that Defendant C has a criminal record of having been punished several times as a crime of gambling, the fact that the Defendant was guilty of committing the instant crime, the size of the game site of this case is relatively small, and the business period is not long, and the Defendant has no criminal record of being punished as a crime related to illegal game places, and other records and arguments of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc.