Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

except that this judgment.

A. Each sentence of the lower court (Defendant A: imprisonment of one year, 1 through 7, 137, 501, 000 won additionally, Defendant B’s imprisonment of eight months, and 12 through 25) against the Defendants on unreasonable sentencing is too unreasonable.

B. The lower court, based on the misunderstanding of facts and misapprehension of legal principles as to the calculation of the amount of collection, determined that the total amount of KRW 137,501,000, which was entered in the 2014 business place register, should be deemed as illegal profits, should be distinguished from the profits earned by Defendant A through the lawful operation of the game of this case.

Judgment

A. 1) The crime related to Defendant A’s illegal game room is an unfavorable sentencing factor in light of the following factors: (a) Defendant A’s unlawful game room-related crime encourages speculation; (b) it has a great social harm by impairing the citizens’ sound sense of work; and (c) Defendant committed the instant crime even though he had the record of having been sentenced to suspended execution due to the commission of the operation of the illegal game room. However, the Defendant committed the instant crime in the appellate trial; (c) there is room to consider that the Defendant’s previous record of the crime was punished for the commission of a violation of the Game Industry Promotion Act because the Defendant committed a single crime in the appellate trial; (d) the Defendant’s physical disability and health are not good; and (e) the period of the instant crime; (e) the period of the instant crime; (e) the circumstances after the commission of the crime; (e) the Defendant’s age and character; and (e) the Defendant’s argument is unreasonable; and (e) the Defendant’s previous crime related to the illegal game has no need to punish the Defendant, who committed the instant crime.