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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. When considering the various circumstances against the defendants in light of the summary of the grounds for appeal, each punishment of the court below (the imprisonment of eight months in case of the defendants A; the imprisonment of six months in case of the defendants B; the suspension of execution of two years in case of probation and community service order 120 hours in case of the defendants) is too heavy.
2. Determination
A. In light of the fact that Defendant A committed the instant crime even though he was punished once for the same kind of crime, the commission of the instant crime was committed, and the operation of the illegal game room is highly vulnerable to society as a whole, such as promoting a speculative spirit of the people and undermining the desire to work, etc., the Defendant should be punished strictly, but on the other hand, the Defendant has no criminal records other than the punishment imposed twice by a fine. In particular, there is no criminal records for more than 10 years since he was punished for the same crime in 2002, and there is no criminal records for more than 10 years since he was punished for the same crime in 202, and the Defendant supports old age as the disabled in the third degree of physical disability, and supports old age at an economically insufficient situation, and all of the sentencing records and arguments in the instant case, such as age, character and behavior of the Defendant, circumstances before and after the crime, etc., the Defendant’s assertion that the sentence imposed by the lower court is somewhat excessive is reasonable.
B. Although Defendant B’s criminal act is against mistake while being committed, there is a family member to support the Defendant, and the family form is also sufficiently sufficient, the Defendant committed the instant crime at the same time despite the fact that the Defendant had been punished once for the same kind of crime. In addition, the exchange of the Defendant’s criminal act cannot be deemed to be less severe in light of the social abolition of the illegal entertainment room, and all of the sentencing conditions shown in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, and circumstances before and after the commission of the crime.