Text
Defendant
All appeals filed by A, B, and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (unfair punishment)’s imprisonment (one year of imprisonment) is too unreasonable.
B. Defendant B (unfair punishment) The sentence of the lower court (two months of imprisonment) is too unreasonable.
C. The prosecutor (unfair punishment) of the lower court against Defendant C (one hundred months of imprisonment and two years of suspended execution) is deemed to be too uneasy and unfair.
2. Determination
A. The circumstances favorable to the above defendant A include the fact that the defendant A led to the crime, the fact that there was no record of punishment for the same kind of crime, and the fact that the defendant's health status is not good.
On the other hand, even though Defendant A violated the operation of an illegal game room, he continued to open and operate another game room, and the nature of the crime is inferior in light of the size and operation period of the game room, and the crime related to illegal game products is likely to cause speculation and undermine the people's sound labor awareness, and thus, requires strong punishment against it is disadvantageous to the above defendant.
In full view of the sentencing conditions in the instant case, including the aforementioned various circumstances, including Defendant A’s age, occupation, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be deemed that the lower court’s sentence against the above Defendant is too unreasonable.
B. The facts that Defendant B led to the confession of the facts of the crime, and that there was no record of punishment for the same crime, etc. are favorable to the above Defendant.
On the other hand, this case is an offense related to an illegal game room and requires strict punishment for the relevant participants; Defendant B seems not to lend only the name to Defendant A, who is the actual operator of the game room, but also to be less than the degree of participation in the game room business; and Defendant B committed the crime of this case during the period of repeated crime, etc., which is disadvantageous to the above Defendant.
The age, occupation, and occupation of Defendant B, including the above various circumstances.