Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

Defendant A of the lower judgment.

The decision of the court below (2 million won in penalty) against Defendant B is too unreasonable.

The sentence of the lower court against the Defendants by the Prosecutor (Defendant A: Imprisonment with prison labor for one year, and fine of two million won for the Defendants B) is too unhued and unreasonable.

Judgment

Defendant

The Criminal Litigation Act of Korea, which takes the trial-oriented principle and the direct principle of judgment on the prosecutor's unfair argument of sentencing, has a unique area of the first instance judgment as to sentencing determination, and there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court: (a) the Defendant committed the instant crime during the period of repeated crime after serving as a criminal for the same kind of crime; (b) there is a high risk of repeating the crime repeatedly despite the history of having been sentenced to a fine and a suspended sentence for the same crime; (c) there is a lack awareness of illegality of the illegal act of the illegal game room; and (d) there is a concern that the Defendant’s economic benefit from the instant crime is against the investigation agency, and (d) there is a short period of economic benefit from the Defendant’s business operation of the instant game.

The sentence was imposed in consideration of the favorable circumstances, such as the fact that it is difficult to see the Defendant’s economic situation, and the fact that the Defendant appears to have reached the instant crime in the situation where it is difficult to conduct other economic activities due to the elderly

The court below did not have any circumstances to newly consider other than the circumstances established by the court below in the trial of this case, and taking into account all other factors of sentencing as shown in the argument of this case.