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Defendant
All appeals filed by A, C and Prosecutor against the Defendants are dismissed.
Reasons
Summary of the grounds for appeal (unfair form of punishment)
A. Each sentence of the court below against Defendant A and the above Defendants C (Defendant A: imprisonment of six months and confiscation, Defendant C: fine of 5,000,000) is too unreasonable.
B. Each sentence of the lower court (as above, Defendant A, Defendant B, and Defendant B: fine of KRW 5,00,000) against the Defendants by the prosecutor is too uneased and unreasonable.
2. Determination
A. We examine the grounds for appeal against Defendant A and the prosecutor on the judgment on Defendant A.
Defendant
A has two previous criminal records of the same crime, and the crime of this case has been committed again during the period of the suspension of the same crime, and the above defendant is the owner of the game of this case.
On the other hand, Defendant A’s mistake is divided in depth, and the operation period of the game of this case is relatively long. Considering the above Defendant’s age, character and conduct, occupation and environment, family relationship, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and prosecutor’s assertion are without merit.
B. The prosecutor’s grounds for appeal against the Defendant B of the same kind of crime have a record of fine for the same crime to Defendant B, and the fact that Defendant B, in the investigation process, concealed that the actual owner of the business is Defendant A and mixed with the investigation is disadvantageous.
However, Defendant B’s mistake is divided, Defendant B was merely an employee of the game of this case, and the period of operation of the game of this case is relatively short. In addition, the above Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc. are revealed in the records and arguments of this case.