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Defendant
All appeals filed by C and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant C’s imprisonment (six months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendants by the prosecutor (for a period of six months, a suspended sentence of two years, Defendant B: a fine of five million won; a fine of six months for Defendant C; a fine of five million won for Defendant D: a fine of five million won for Defendant D; and a fine of five million won for Defendant E) is too uneased and unreasonable.
2. Determination
A. There is no change in the conditions of sentencing compared with the original judgment because there is no particular new sentencing data about Defendant C in the trial, and the reason for sentencing revealed in the proceedings of the instant case, especially favorable circumstances, led to the confession of all crimes committed in the first instance, and the depth of his mistake is divided. Under unfavorable circumstances, each of the instant crimes is likely to promote the gambling spirit of game room users and undermine the sound work awareness, and the case is not easy, and the Defendant was sentenced to a fine on January 12, 2018 as a violation of the Game Industry Promotion Act, and each of the instant crimes was committed again after the lapse of two months, it cannot be deemed that the lower court’s sentencing was too heavy or unfilled, thereby exceeding the reasonable scope of discretion.
B. There is no significant change in the sentencing conditions compared with the original judgment because the remaining Defendants were not specifically submitted with new sentencing data in the trial, and comprehensively taking account of all the sentencing grounds indicated in the records of this case, the lower court’s sentencing against the remaining Defendants is too unhued so that they exceeded the reasonable scope of discretion.
3. Conclusion, Defendant C’s appeal and prosecutor’s appeal against the Defendants are without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.