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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
except that this judgment.
Reasons
1. The decision of the court below against the defendants on the summary of the reasons for appeal (the defendant A shall be sentenced to imprisonment for 8 months, confiscation, collection and imprisonment for 6 months, suspended execution for 2 years, community service, confiscation and collection) is too unreasonable.
2. The crime of this case against Defendant A’s wrongful assertion of sentencing was committed by Defendant A, along with his accomplices, by having them perform speculative acts for up to eight months, while illegally operating the game room, and exchanged the result of the game. This is a situation unfavorable to Defendant A’s criminal who has a significant adverse impact on the society, such as promoting the speculative activities of the general public and promoting gambling addicts. Defendant A committed the crime under a systematic role sharing with his accomplices, and participated in the crime. The period of the crime is relatively long.
However, in full view of the favorable circumstances, such as the fact that Defendant A reflects the mistake in depth, the fact that there is no previous conviction exceeding the fine even if the same crime or a dual offense is committed, the fact that the mother and the handicapped are supporting the birth of the aged, and other various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, sexual conduct, environment, family relationship, circumstances after the crime, etc., the sentence of the court below is somewhat unreasonable.
Defendant
A's ground for appeal is with merit.
3. Defendant B’s wrong determination on Defendant B’s wrongful assertion of sentencing is against the wrong judgment; Defendant B’s primary crime is favorable circumstances; however, Defendant B’s unlawful act in collusion with Defendant A, etc. and offered the name of the representative of the game funeral, etc.
The crime of this case is not visible, and records of this case, such as the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., are committed under the unfavorable circumstances, such as the promotion of speculative activities by the general public and the mass production of gambling addicts, etc.