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The judgment below
Of them, the part on Defendant E shall be reversed.
Defendant
E shall be punished by imprisonment with prison labor for a year and two months.
Defendant .
Reasons
1. The summary of the grounds for appeal ( ① Defendant C: 10 months of imprisonment; ② Defendant D: imprisonment with prison labor for 8 months; suspended execution for 2 years; community service work for 120 hours; ③ Defendant E: imprisonment with prison labor for 1 year and 6 months; ④ Defendant F: fine of 5 million won) is too unreasonable.
2. Determination
A. There are circumstances to consider Defendant C’s mistake and reflect, and there is no record of punishment for the same kind of crime. On the other hand, the crime of this case is highly harmful to society by encouraging an excessive speculative spirit to the general public and undermining the sound sense of work, and the Defendant was in charge of soliciting customers while working in an illegal game site. The degree of contribution to the crime cannot be deemed to be less severe. The game room listed in paragraph (3) of the facts constituting the crime of this case in the judgment of the court below was regulated on February 27, 2013, and the Defendant continued to commit the crime even though the game room listed in paragraph (1) of the facts constituting the crime of this case in the judgment of the court below was investigated against his accomplice, and on July 5, 2013, the Defendant was investigated directly by the police on the crime described in paragraph (1) of the facts constituting the crime of this case in the judgment of the court below, and the Defendant’s age, character and behavior, the Defendant’s environment, motive, circumstance, and circumstances after the crime are considered unreasonable.
B. There are circumstances to consider Defendant D’s mistake and reflect, the fact that there was no record of punishment for the same kind of crime, support for young daughters, etc. However, the lower court appears to have determined the punishment by fully taking such circumstances into account. Meanwhile, the crime of this case is highly harmful to society by promoting excessive speculative spirit to the general public and hindering sound work consciousness, and the number of game machines used for the crime is not large.