All appeals by the Defendants are dismissed.

1. The sentence of the lower court (10 months of imprisonment, confiscation, and 10 months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The following facts are favorable to the Defendants.

The defendants seem to be against the crimes.

Defendant

C has no record of punishment for the same crime, and the defendant A has no record of criminal punishment in the Republic of Korea.

On the other hand, the following is disadvantageous.

The Defendant’s crime of this case is an act of running a game room by using game water which may cause speculation, and an act of exchanging the outcome obtained by users through the use of game water in cash. It is necessary to punish the Defendant with severe social harm, such as encouraging a speculative spirit of the general public and lowering the desire to work in a sound manner.

It is very important that the period of the defendants' illegal operation of the game room or exchange business is relatively long, and the size of the game room is also significant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendants’ age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too excessive and is not deemed unfair. Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.