Text
All appeals filed by the Defendants and by the Prosecutor against Defendant A are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant A1’s crime related to “K Gameland” by misunderstanding the facts and misunderstanding the legal principles, the Defendant is only an aiding and abetting offender and does not constitute a joint principal offender.
Therefore, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.
2) The sentence sentenced by the lower court (one year of imprisonment, one year of confiscation) to the Defendant is too unreasonable.
B. Defendant D1) misunderstanding of the facts and misapprehension of the legal principles, the Defendant did not know at all that the Defendant provided coophones, etc. on the result of using the game water in the K Gameland, thereby promoting speculation or doing harm to money exchange. Therefore, the Defendant did not have the intent to assist and abetting.
Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (six months of imprisonment, two years of suspended execution, two years of suspended execution, confiscation) is too unreasonable.
(c)
Defendant
E The punishment (amounting to five million won) imposed by the lower court is so excessive that it is unfair (the grounds for appeal filed by the Defendant on October 18, 2017, stated that the grounds for appeal are “misunderstanding of facts, misunderstanding of legal principles and improper sentencing,” but does not contain any specific mistake of facts and misunderstanding of legal principles, and according to the statement of the grounds for appeal withdrawn on November 14, 2017 in the statement of reasons for appeal, which was withdrawn on November 14, 2017, the instant facts charged are recognized and sentenced to heavy punishment, and such determination is deemed to be asserted only on the grounds of unfair appeal).
Defendant
F The sentence (five million won) imposed by the court below on the defendant is too unreasonable.
E. The prosecutor (one year of imprisonment) sentenced by the court below against Defendant A is too unhued and unfair.
2. Determination
A. 1) The lower court’s determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine regarding Defendant A.