Defendant

B, C’s appeal and prosecutor’s appeal against the Defendants are all dismissed.

1. Summary of grounds for appeal;

A. In light of all the sentencing conditions of Defendant B and C, each sentence against Defendant B and C (Defendant B: imprisonment with prison labor for one year and confiscation, Defendant C: fine of five million won) of the lower court is too unreasonable.

B. In light of the overall sentencing conditions of this case, the prosecutor (as to all the defendants) of the court below's sentence against Defendant B, Defendant A, D, and E [the suspended sentence (the suspended sentence of a fine of one million won), Defendant D: fine of four million won; Defendant E; imprisonment of eight months; probation, two years; probation, community service, and attending order] is too uneasible.

2. Determination

A. The part of Defendant B related to Defendant B (which both sides) is divided and reflected in the depth of the crime, the phrase that Defendant B was punished by a fine for the same crime does not have any record of punishment for the same crime, and the fact that the period of operation of the illegal game room in this case is not much different is favorable to the above Defendant.

However, when Defendant B operated an illegal game room in Osan City with E and H and was discovered to an investigation agency, Defendant B again operated the illegal game room in Pyeongtaek-si, while, in order to make it difficult for investigation agency to confirm the actual business owner, Defendant B had D attend an investigation agency and make a false statement to have it difficult to confirm the actual business owner, and committed all the crimes of this case in an interview with and planned plan to induce criminal escape. As such, it is very poor that Defendant B committed the crime of this case. Therefore, even in order to punish the above Defendant, it is inevitable to sentence imprisonment with prison labor.

In full view of all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below to Defendant B is appropriate and is too heavy or less.

B. The part against Defendant C (a both sides) is divided and reflected in Defendant C’s depth of the crime, and there is no record of punishment for the same kind of crime, and the above Defendant is punished.