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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by Defendant A (two years of suspended execution and confiscation in six months of imprisonment) is too unreasonable.
B. Prosecutor 1) According to the misunderstanding of facts (as to the acquittal portion in the original judgment), the defendants' act of exchanging the facts can be acknowledged. The judgment of the court below is erroneous by misunderstanding of facts, which affected the conclusion of the judgment. 2) The sentence of unfair sentencing (2 years of suspended execution and confiscation in June, 200, Defendant B: 4 months of suspended execution and 2 years of suspended execution) declared by the court below against the defendants is too uneasible and unfair.
2. Determination
A. We examine the prosecutor's assertion of mistake of facts, and the statements made to investigation agency E in the investigation agency of E did not consent to the defendants as evidence, and the authenticity of establishment was not recognized by the statement of E, the original person making the original statement, and thus, there is no evidence to acknowledge the fact that the defendants exchanged, and there is no other evidence to prove that the defendants exchanged the facts. Thus, the judgment of the court below
Therefore, this part of the prosecutor's argument is without merit.
B. The Defendants’ assertion of unfair sentencing by Defendant A and the Prosecutor acknowledged the instant crime and against their wrongness, and the operation period of the instant game room is relatively short, etc. are favorable to the Defendants.
On the other hand, as in this case, illegal game room business such as this case needs to be severely punished by severe social harm, such as promoting the gambling spirit of the people and undermining sound labor awareness. The Defendants committed a crime committed on the ground of so-called “bab president” and planned by the Defendants, and there was a history of punishment for the same kind of crime in the case of Defendant B, etc., which are disadvantageous to the Defendants.
The above circumstances and the defendants' age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. are the sentencing shown in the records and arguments of this case.