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Defendant
D All appeals against the Defendant A, B, and C of the Prosecutor and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (five million won in penalty) is too unreasonable.
B. The prosecutor (defendant A, B, and C) sentenced by the lower court (ten months of imprisonment, three years of probation, three years of probation, observation of protection, community service order 120 hours, six months of probation, two years of probation, two years of probation, protection observation, community service order 120 hours, six months of probation, three years of probation, three years of probation, three years of probation, observation of protection, and community service order 120 hours) is too uneasy and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). First, in light of the following: Defendant A’s health class and the Defendant served as the head of the game, and takes an essential role in the operation of the game hall, such as managing customers and supervising employees, and the Defendant has the history of having been punished for the same kind of crime, it is necessary to punish him/her accordingly. However, even though the period of the instant crime is not long and the profits therefrom are not significant.
Defendant
B, in the case of B and C, only a daily allowance is paid to an employee, and there is no criminal record of the same kind.
Defendant
D has forged a lease contract in the name of L for the registration of a game room and submitted it to the Gu Office for the purpose of the registration of the game room.
The court below set the punishment against the Defendants by comprehensively taking into account the various circumstances against the above Defendants, and there is no new change in circumstances that could change the punishment of the court below in the trial.
When comprehensively considering the sentencing conditions, such as the defendant's age, living environment, motive for, role and degree of participation in the crime, and circumstances after the crime, as shown in these circumstances and the deliberation by the court below and the party, the sentence imposed on the defendant A, B and C shall be imposed.