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Defendant
All appeals filed by D and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant D’s sentence (a year and two months of imprisonment, a suspended sentence of two years, a surveillance of protection, a community service, confiscation, and additional collection of KRW 80 million) is too unreasonable.
B. Each sentence against the Defendants of the lower court (Defendant A: 10 months of imprisonment; 2 years of probation; 40 million won of confiscation; 40 million won of confiscation; Defendant D: imprisonment with prison labor; 1 year of probation; 2 years of probation; observation of protection; 40 hours of community service and 20 million won of collection) is too uneased and unreasonable.
2. In the judgment of the court below, the defendants committed each of the crimes of this case jointly with the co-defendant C by distributing or providing them for use, selling speculative gaming machines, operating a speculative game room, which encourage the public to commit an excessive speculative spirit. The defendants developed game water opened or altered, introducing game water to the game users, and directly installing the game water opened or altered in each game room as a business technician.
However, the defendants divided each of the crimes of this case and reflect it, the defendant A cooperateed with the investigative agency to clarify the substance of each of the crimes of this case, the defendant D has no record of punishment for the same crime, and the defendant E has no record of punishment of imprisonment without prison labor or heavier, etc. are favorable to the defendants.
In addition, considering the following factors, including the fact that there is no particular change in the sentencing conditions compared to the original judgment, and the overall sentencing conditions indicated in the records and arguments of this case, such as the Defendants’ age, sexual conduct, and circumstances after the crime, the lower court’s punishment against Defendant D is too heavy, or the lower court’s punishment against the Defendants is too excessive so unreasonable, and thus, the Defendant D and the Prosecutor’s assertion are all concerned.