All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: imprisonment with prison labor for 2 years, Defendant B: imprisonment with prison labor for 1 year and 1 year and 4 months) declared by the court below against the Defendants is too unreasonable.

B. Each sentence sentenced by the court below to the Defendants is too uneasible and unfair.

2. Determination

A. The facts that Defendant A led to the confession of the instant crime and reflects his mistake, and that Defendant A did not have any record of being punished for the same crime are favorable circumstances.

On the other hand, the crime of this case spreads the program to be used in gambling, which is highly likely to be socially malicious, and Defendant A is also involved in the planned systematic crime and the quality of the crime is not good.

In addition, if there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the judgment below, comprehensively considering the records and various conditions of sentencing in the instant case, including the background of the instant crime, the circumstances after the instant crime, and the Defendant’s environment, etc., the lower court did not seem to have too heavy punishment imposed on the Defendant A or too heavy, and thus, the above assertion by Defendant A and the Prosecutor is without merit.

B. The part of Defendant B’s confession of the instant crime against his mistake, the Defendant B did not have any record of being punished for the same kind of crime, and the Defendant B participated in the instant crime upon the request of the Defendant A to seek sales books from his relative. However, the circumstances that may be taken into account are favorable circumstances.

On the other hand, the crime of this case spreads the program to be used in gambling, which is highly likely to be socially malicious, and Defendant B is not suitable to take part in the planned systematic crime and the quality of the crime is unfavorable.

In addition, the new sentencing is imposed after the judgment of the court below.