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The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by a fine of KRW 2,000,000.
Defendant .
Reasons
1. The summary of the grounds for appeal (e.g., both types of punishment) by the lower court (e.g., imprisonment of 10 months for Defendant B and fine of 3 million won for Defendant A) is excessively unreasonable.
2. Determination
A. It is recognized that Defendant B did not have the same criminal record as Defendant B, and even before this type of crime was punished by a fine, and that Defendant B had another occupation and had lived faithfully around the time when Defendant B was detained. However, Defendant B, while operating an illegal game room, was controlled by the police on May 1, 2008, but operated an illegal game room again on November 1, 2008, and operated the illegal game room, and it is not good to the nature of the crime because it used a highly speculative game machine such as the sea gypt, etc., and Defendant B did not comply with the request of an investigative agency after being investigated by the police in the case No. 2013Hun-Ma855, but knew that the warrant of appearance was issued, and even after having been issued, the size of the game room, period of operation of the game room, motive, means and method of the crime in this case, the circumstances after the crime in this case cannot be considered to be too unreasonable. Therefore, Defendant B’s assertion is without merit.
B. Defendant A had been sentenced to suspension of indictment for the same kind of crime, but it is recognized that Defendant A again started to commit the instant crime. However, Defendant A merely served as an employee in the game room for 4 days following Defendant B’s solicitation, and the degree of participation in the instant crime is insignificant. Defendant A appears to have reached the instant crime in an economically difficult situation; Defendant A appears to have reached the instant crime; Defendant A’s failure to repeat the instant crime against the truth; and other circumstances that form the conditions for sentencing, such as the motive, means and methods of the instant crime, and the circumstances after the instant crime, etc., it is determined that the lower court’s punishment is somewhat unreasonable.