게임산업진흥에관한법률위반
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds of appeal is relatively large in size of each game of this case operated by the defendants, the businesses of the speculative illegal game room are highly harmful to society by encouraging the general public's speculative spirit and undermining their desire to work, and the circumstances after committing the crime are not good, such as denying the part of the crime of this case or destroying the statement, etc. In light of the above, the punishment of the court below (the defendant A: 2 years of suspended execution, probation, community service order 120 hours and confiscation, defendant B: 2 years of suspended execution, probation, community service order 80 hours and confiscation) is too unfair.
2. Even in consideration of the circumstances alleged by the prosecutor in the judgment, considering the following: the Defendants reflects the Defendants; the Defendants did not have the same criminal record; the Defendants did not repeat the crime; the Defendants are expected to have the effect of preventing recidivism through probation ordered by the court below; the Defendants’ character, conduct and environment; the circumstances and results of each of the crimes in this case; and the conditions of sentencing as indicated in the records and arguments, such as the circumstances after the crime, are deemed uneasible and unreasonable. Therefore, the prosecutor’s assertion above is without merit.
3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and all of the appeals are dismissed. It is so decided as per Disposition.
(However, among the judgment of the court below, it is clear that "the above game place" in Paragraph (1) 3 of Article 25 of the Criminal Procedure Rule is a clerical error in "AB" in the "A".