2. Determination

A. There are favorable circumstances for Defendant A, including the fact that Defendant A was led to the confession of the instant crime and the statement that Defendant A was divided, and that the detention of Defendant A was deemed to bring about difficult difficulties to his dependents.

On the other hand, there are extenuating circumstances against A, such as the fact that Defendant A was punished once by a fine due to the same crime, the suspension of the execution of imprisonment, and four times of criminal records due to the same crime, Defendant A again committed the instant crime even though he was under the suspension of the execution due to the same crime, and the size of the game room is 30 square meters, 40 game machine, and 6 employees, etc.

In light of the above circumstances, the lower court’s punishment imposed by the lower court is appropriate and unreasonable as it is deemed that there is no special change in circumstances to change the sentence in the first instance court’s age, character and conduct, intelligence and environment, motive, background, means and consequence of the instant crime, circumstances after the instant crime, family relation, etc., and there is no other reason to believe that the Defendant A’s assertion is without merit.

B. Defendant B, Defendant B, and Defendant B, made a confession of the instant crime and made a statement that they are divided, and Defendant B did not share other acts of commission than lending the name of the representative in relation to the instant crime. It appears that only the relatively small portion of the criminal proceeds from the instant crime was distributed, and Defendant B cooperates with the police by submitting a recording of the conversation with Defendant A and submitting it to the police.

On the other hand, the defendant B has the same power only once, and this kind of crime is more than a suspended sentence.