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The judgment below
The part of the defendant D against the defendant is reversed.
Defendant
D. Pronouncement of a penalty shall be suspended.
Reasons
1. Summary of grounds for appeal;
A. In light of the overall sentencing conditions of Defendant A, the sentence of the lower court (two months of imprisonment and confiscation) is too unreasonable.
B. In light of the overall sentencing conditions of Defendant D, the sentence of the lower court (fine 2,00,000) is too unreasonable.
2. Determination on the grounds for appeal
A. Determination of the allegation of unfair sentencing by Defendant A on the assertion of unfair sentencing is recognized by Defendant A’s recognition of the instant crime, and the depth is divided, there is no history of punishment heavier than a fine, and it is recognized that there is favorable circumstances such as the fact that Defendant A contributed KRW 3,00,000 to the former Local Crime Victim Support Center, which is a public interest organization, to the former Local Crime Victim Support Center, and that Defendant A should support his parents.
However, the crime of this case was committed by Defendant A, along with his accomplice, exchanged the result of the crime of this case acquired to customers while operating an illegal gambling game, and such crime is highly harmful to society by encouraging the people to commit an excessive speculative spirit and hindering their sound labor awareness, and thus, requires strict punishment. The machine installed in the game of this case is not less than 50 types of machines, which are operated in the game of this case, and is operated closely, such as installing CCTV or installing an exchange facility outside the game room, etc. The crime of this case repeatedly committed the crime of this case even though Defendant A had had the record of punishment for the same crime on two occasions, even though he had been punished for the same crime, the crime of this case was repeatedly committed in addition to the above previous crime, and the crime of gambling was punished six times more times due to the crime of gambling, etc. In full view of various sentencing conditions of Article 51 of the Criminal Act, such as the age, character and environment of Defendant A, the means and result leading to the crime of this case, and the situation before and after the crime.
B. Defendant D’s assertion of unfair sentencing.