All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (10 months of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized and reflected a crime, and there is no same record of criminal punishment.

However, the instant crime was operated by illegal means, such as the operation of a game machine by the Defendant. After the first police control, the instant crime was conducted at approximately 10 days, and even after the recontrol, the Defendant engaged in illegal business at the same place.

Illegal game water-related crimes are committed against ordinary people, and there are many harmful effects on society as a whole, and the scale of the game of this case and the number of games are not many.

The first crime is a crime committed during the period of probation.

The judgment below

There is no new circumstance to consider the sentencing after the sentence is sentenced.

In addition, in full view of the Defendant’s age, health, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and all the sentencing conditions shown in the pleading, the sentence imposed by the lower court is deemed appropriate, and is too heavy or unreasonable.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186(1) of the Criminal Procedure Act shall apply).