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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 for six months.
Defendant
A, B-.
Reasons
1. The summary of the grounds for appeal (for defendant A: Imprisonment with prison labor for 8 months, confiscation, defendant B: imprisonment for 1 year and 6 months, confiscation, and defendant C: imprisonment with prison labor for 8 months) of the court below is too unreasonable.
2. Determination
A. Defendant A and B’s business of the instant speculative game room is an offense that causes serious social closure, such as undermining the citizens’ sound working environment, spreading their awareness of gambling, etc., and the illegality and harm of the instant speculative game room are firmly recognized through continuous control and punishment.
Nevertheless, the Defendants operated the game hall by exchanging game outcomes in cash for the sake of the risk of such punishment and economic benefit.
In light of the nature of the crime of this case and its social harm, strict punishment against the Defendants is inevitable.
In addition, under the unfavorable circumstances such as the actual operation of the head of the game of this case, the fact that Defendant A was sentenced to imprisonment for the same crime, the fact that Defendant A was the president of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of this case.
In addition, Article 1 of the Criminal Procedure Act (amended by Act No. 1010, Jan. 2, 201) provides the following facts: the Defendants’ age, sex, environment, health, the background leading up to the commission of the crime, the means and consequence, the scale of the crime, and the circumstances after the commission of the crime; and Article 2 of the Criminal Procedure Act (amended by Act No. 1014, Aug. 2, 201) provides the use of illegal game water (amended by Act No. 1010, Jan. 2, 201).