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All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the overall circumstances of the instant case, inasmuch as the lower court’s sentence (Defendant A: imprisonment with prison labor for one year; and Defendant B: fine for two million won) imposed on the Defendants is too unreasonable, and thus, is unreasonable. (ii) In so doing, the violation of the Act on the Promotion of Game Industry from February 21, 2013 to March 3, 2013 against Defendant B (Defendant B) was already final and conclusive as the Ulsan District Court Decision 2013 Godan3064, which became final and conclusive, and thus, this part shall be acquitted.
B. In light of the overall circumstances of the instant case, the sentence imposed by the lower court against Defendant A is too unfasible and unfair.
2. Determination
A. We examine Defendant A and the Prosecutor’s arguments together.
Defendant
A, while recognizing all of the crimes of this case, there are favorable circumstances such as the fact that the defendant is against the recognition of all of the crimes of this case, the fact that there is no previous violation of the Act on the Promotion of Game Industry. However, the defendant A moved a place for three times and led or took part in the business of illegal game room, the defendant A committed each of the crimes of this case without being aware of his criminal intent during the period of repeated crime, the business of speculative illegal game room is in need of strict punishment of social harm, such as promoting the speculative spirit of the general public and undermining the will to work, etc. In full view of all the sentencing conditions of the defendant A, including the defendant's age, family relation, criminal record, criminal relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, etc., the defendant A and the prosecutor's assertion of unfair sentencing is without merit.
B. When a judgment of misunderstanding legal principles has become final and conclusive, Defendant B (Defendant B1) shall be sentenced to acquittal by judgment (Article 326 subparag. 1 of the Criminal Procedure Act and prosecution has been instituted).