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The judgment below
The part against the Defendants is reversed.
Defendant
A shall be punished by imprisonment with prison labor for not more than ten months and by imprisonment for Defendant B.
Reasons
1. The summary of the grounds for appeal is unreasonable because the imprisonment with prison labor for 10 months sentenced to Defendant A and the imprisonment with prison labor for 8 months sentenced to Defendant B are too unreasonable.
2. The crime of this case is deemed to have been committed by the Defendants in collusion with a speculative act using 100 game machines, which are speculative electronic gaming machines. In light of the number of game machines and the size of the business place, etc., the liability for the crime is not less strict. In particular, the Defendants committed the crime thoroughly against the crackdown by thoroughly preparing for and keeping close to the crackdown, such as encouraging the visitors whose identity was confirmed through CCTV, etc., to enter and depart from the Internet, with the entrance installed for multiple concurrents, and allowing them to enter and depart from the Internet. Such crimes related to illegal game farms need to be punished strictly because they encourage the citizens’ excessive speculative spirit and interfere with sound labor practices, and thus, need to be punished strictly. In order to prevent the proliferation of illegal game farms, if the Defendants comprehensively consider the circumstances such as the need to punish not only the operators of illegal game farms, but also those who facilitate it, and that there is an inevitable reason to punish them.
However, in full view of the fact that the Defendants were detained for more than four months, and that it appears that Defendant A would have been in violation of depth, Defendant A’s closure of the amusement room of this case, Defendant A did not have any history of criminal punishment other than a fine once, and Defendant B did not have any history of criminal punishment; Defendant B’s age, environment, occupation, family relationship, circumstances leading to the instant crime, etc., and various circumstances, such as the circumstances before and after the instant crime, are considered as follows: (a) the lower court’s punishment against the Defendants is too unreasonable.