beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below which found the defendant guilty in spite of the fact that the illegal game room business was launched as a proposal of mistake of facts E, and that there was an error of mistake of facts.
B. Considering the fact that the Defendant is against the unreasonable sentencing, that the Defendant was involved in the instant crime on the proposal of E, and that the period of operation is very short and no profit was gained by regulating the following day after the opening of the game room, the punishment imposed by the lower court (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court’s judgment that found the Defendant guilty is justifiable, and the Defendant’s assertion of mistake of facts is without merit.
(1) Although the Defendant’s assertion to the effect that, unlike the above E’s statement, the Defendant started the business of the illegal game room, and did not interfere with the offender’s escape, the Defendant first proposed the illegal game room business of this case to the effect that the Defendant did not have any same criminal record, and that the Defendant started the business of the illegal game room business of this case by promising the appointment of a defense counsel to make a false confession, upon the Defendant’s request from the head of the office 1,50,000 won per day to reduce the daily amount of KRW 1.50,000 per day. After the control, the Defendant agreed to appoint a defense counsel because he had no criminal record of the same kind. However, the Defendant’s assertion that the Defendant started the business of the illegal game room business of this case by making all funds in accordance with the proposal, it is difficult to believe that the Defendant’s assertion that the Defendant started the business of the game room of this case.