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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. As to Defendant 1’s charge No. 1 of the instant facts charged, the Defendant merely served as the president upon the request of the J (D) and did not participate in the game operation. As such, Defendant 1 was merely an aiding and abetting and did not constitute a principal offender.
As to Article 2 of the facts charged in the instant case, the Defendant established a 40 game machine, but this was kept for the purpose of sale, not for business purposes, and was a machine with no game program installed. Therefore, there was no fact that the Defendant operated a game room business.
However, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (a prison term of eight months, confiscation) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. We examine the Defendant’s assertion of mistake of facts, and the Defendant asserted the same as the grounds for appeal of this case at the lower court, and the lower court rejected the Defendant’s assertion in detail on the part of the Defendant’s assertion and its decision under the summary of the evidence of the judgment.
Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it is erroneous in the misapprehension of law as alleged by the defendant, which affected the conclusion of the judgment.
subsection (b) of this section.
Therefore, the defendant's above assertion is without merit.
B. In addition to the prosecutor’s and the Defendant’s respective arguments on the unfair sentencing of the Defendant, each of the unfair sentencing of the Defendant, and the Defendant committed a repeated crime during the period of repeated crimes, and even after being prosecuted for the criminal acts operated by the head of the illegal speculative game in Daegu-gu around 2014, the Defendant again repeated the same type of crime in this case, and the operation of the aforesaid speculative game room is the general public.