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The judgment of the court below is reversed.
Defendant
B Imprisonment with prison labor of two years and six months, and Defendant C shall be punished by imprisonment with prison labor of two years.
seizure.
Reasons
1. The sentencing of the court below (the sentencing of the defendant B: the imprisonment of 3 years and 6 months; the imprisonment of 3 years) is too unreasonable.
2. Determination
A. In light of the fact that the provision of illegal game products for the use of illegal game products is highly harmful to society by promoting an excessive speculative spirit and undermining sound labor awareness, it is necessary to eradicate it strictly. Defendant C has to induce criminal escape in the process of the crime, and is in the previous and criminal sentence, and the size, frequency and duration of the game room operated by the Defendants, it is necessary to strictly punish the Defendants, and it is inevitable to declare a sentence of punishment.
B. Meanwhile, there are extenuating circumstances, such as that the Defendants led to the confession of and reflect against the crime, Defendant B is not subject to the previous punishment and sentence, Defendant B is diagnosed as having a language disorder 4 level, A upper-ranking disease, Malaysia’s disease, etc., and supports two young children including the wife and the side, and Defendant C also supports the mother and the wife.
C. The sentence of the lower court is too unreasonable in light of all the sentencing conditions indicated in the instant case, including the Defendants’ age, living environment, details and consequence, and the circumstances after the commission of the crime.
3. The lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is with merit, and the following judgment is rendered after pleading.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) Defendant B: Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., Article 30 of the Criminal Act, Article 44(1)2 of the Game Industry Promotion Act, and Article 32(1)1 of the Act on Promotion of the Game Industry (the point of providing game products without classification) and the choice of imprisonment, respectively;
B. Defendant C: Regulation of speculative acts, etc.