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The judgment below
Of them, the part on Defendant E shall be reversed.
Defendant
E shall be punished by a fine of 20 million won.
Defendant .
Reasons
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the Defendants (Defendant C: imprisonment for 8 months and suspended sentence for 2 years, Defendant E: fine of 8 million won) is too uneased.
2. Determination
A. The public prosecutor’s unjust assertion of sentencing against Defendant C does not mean that the nature of the crime, such as accepting gambling funds from customers to exchange them with casino chips and participating in the instant crime by preparing the details of exchange in the account book. However, the period of the crime is shorter than 22 days and the period of participation is shorter than other accomplices; the crime of this case is recognized and is against the other accomplices; there is no power to have been punished beyond the suspension of execution; the defendant was merely an employee who received daily wages from the accomplice A; and there is no profit gained from the instant crime; and the defendant’s age, sexual conduct, environment, etc. are considered in light of various conditions of sentencing as shown in the records and arguments, it cannot be said that the sentence of the court below is unfair because it is too unfeasible.
B. The following facts are acknowledged: (a) the Defendant’s judgment on the prosecutor’s unfair argument of sentencing against Defendant E of the instant case recognized the instant crime; (b) the Defendant provided money exchange account to be used when receiving gambling money from customers; (c) however, the role or degree of participation in the instant crime is more than that of other accomplices; and (d) there is no same history and no profit accrued from the instant crime.
However, on August 29, 2015, the Defendant committed the instant crime without being sentenced to a suspended sentence of two years in October due to a violation of the Act on the Punishment of Acts, including brokerage, etc. of sexual traffic (i.e., brokerage, etc.). The Defendant committed the instant crime without being sentenced to a fine of seven million won due to a violation of the Act on the Promotion of Game Industry in 2007 (i.e., a suspended sentence).