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Defendant
The appeal of A and the prosecutor's appeal against the Defendants are all dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment of Defendant A (the confiscation of 10 months imprisonment, Nos. 3 through No. 9, 28.5 million won additional collection) of the lower court is too unreasonable.
B. The above sentence of the lower court against Defendant A by the Prosecutor and the sentence against Defendant D by the lower court (a fine of five million won) are deemed to be too uneased and unreasonable.
2. Determination
A. It is more favorable that Defendant A’s assertion of Defendant A and the Prosecutor’s assertion against Defendant A recognized his mistake, and the period of crime is not long, the game site of this case is not operated in a secret and organized manner, and it appears that it is necessary to support the wife in the ambrison.
On the other hand, the crime related to illegal game room business, such as the instant case, is inevitable to severely punish in light of the seriousness of the social harm and harm, such as promoting a speculative spirit of the general public and undermining the will to work, etc. The Defendant A has already been punished once a fine due to the business of illegal game room, once a suspended sentence of imprisonment, once a suspended sentence of imprisonment, and the Defendant A has failed to comply with the request of an investigative agency for attendance several times after the crime of this case was controlled by the arrest warrant.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the age of Defendant A, character and conduct, and environment, etc., the lower court’s punishment against Defendant A is too heavy or unreasonable. Thus, the aforementioned assertion by Defendant A and the prosecutor is without merit.
B. The Prosecutor’s assertion on the Defendant D, such as the instant case, requires a strict punishment in light of the seriousness of the relevant social harm and harm, such as promoting a general public’s spirit of gambling and undermining the will to work, etc., and Defendant D’s profits derived from the instant crime are not more than five million won.