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The judgment below
Of them, the part against Defendant C shall be reversed.
Defendant
C A person shall be punished by imprisonment with prison labor for not more than ten months.
Seized No. 1.
Reasons
1. The sentence (Defendant B: fine of 2 million won, Defendant C: Imprisonment with prison labor of one year and two months) declared by the original court in the summary of the grounds for appeal is too unreasonable.
2. Determination
A. Defendant B committed the instant crime in light of the following: (a) the Defendant was assaulted first against the victim during the time of the assault with the victim; (b) the Defendant took the attitude of recognizing and opposing the victim’s face; (c) the Defendant did not have any criminal records; and (d) the Defendant took into account the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (c) other circumstances such as the Defendant’s age, character and conduct, motive and circumstance of the crime; (d) even if the Defendant took into account the victim’s face face at the cost of the crime, the Defendant took a heavy injury with the victim’s face; (e) the Defendant did not recover from the victim’s face; and (e) there was no particular change in circumstances that may be considered in the sentencing after the sentence of the lower judgment, it cannot be said that the sentence of a fine of KRW 2 million, which was pronounced by the lower court, is unreasonable.
B. The crime of this case committed by Defendant C is a criminal who encourages a speculative spirit of ordinary people and gains profits therefrom, and ultimately causes serious social harm to users, such as causing serious property damage. The defendant had 45 game machines and operated the game room by exchanging the result of the game. The amount of cumulative inputs of each game machine seems to be considerable in the amount of sales, such as the cumulative inputs of each game machine up to 600 million won. The defendant took considerable measures to conceal the crime by separately installing CCTV outside the game room with employees who manage customers' entry while running a business without correcting the steel entrance. The defendant conducts speculative acts by installing a speculative machine around 2010 and exchanging cultural products rights, which are the result of the game.