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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for one year.
except that this judgment.
Reasons
1. The summary of the grounds for appeal (the imprisonment of eight months, additional collection, the imprisonment of one year, and additional collection) declared by the court below is too unreasonable.
2. Although Defendant B had been sentenced to a fine once due to the same kind of crime, Defendant B again committed the instant crime.
The crime of this case is committed in collusion by the Defendants. From November 29, 2012 to September 2, 2013, Defendant A established the 40 illegal game machine and operated the game room to inform a large number of unspecified customers of the mobile phone numbers of exchange employees and to provide money exchange and exchange allowances to exchange employees. Defendant B is employed directly from the beginning of July 2013 to September 2, 2013 by having them exchange free chips to customers, and is engaged in the business of exchanging the game result to unspecified large number of users by having them exchange free chips to customers. In light of the size of illegal game machine and exchange business, crime period, profits acquired from crime, role of the Defendants, etc., the crime is not less complicated.
However, Defendant A has no record of criminal punishment or a fine exceeding that of the same criminal act, and Defendant B has no record of punishment for the same criminal act in addition to the one-time fine.
The defendants should not repeat the crime by reflecting the wrongness of the crime.
Defendant
There are circumstances that A is not good for health, such as being receiving a therapy, and that he needs to support a baby, and that the wife of Defendant B needs to support the baby by giving birth to the child recently.
In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the Defendants, the sentence imposed by the lower court is too unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit.