The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for eight months.

except that this shall not apply.

Summary of Grounds for Appeal

With respect to each sentence (a fine of KRW 3 million) sentenced by the court below to the defendants, the defendants asserted that the defendants are too uncompared and unfair, and the prosecutor asserts that the prosecutor is too uncompared and unfair.

Judgment

In light of the circumstances favorable to the Defendants, such as the fact that the Defendants made a confession of all the instant crimes, etc., however, there is a high need for punishment due to serious social harm, such as causing a fluence of home wave by placing the general public in the game, etc. The degree of participation by the Defendants as employees of each game site of this case is not easy. Defendant C has the records of criminal punishment on seven occasions including the records of punishment once the same kind of crime, and Defendant E has the records of criminal punishment twice including the records of punishment (a fine and a suspended sentence once). Defendant E committed the instant crime, even though it had the records of criminal punishment twice for the same crime, and there are other similar cases, the crime of this case has been committed more than 14 times in consideration of equity in sentencing with the same kind of crime, motive and circumstance of the instant crime, circumstances after the crime, Defendant’s age, personality and behavior, etc., and the records and arguments of the instant punishment as well as the records and arguments of the instant case.

In conclusion, the part of the judgment below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again through pleading, since the appeal by the Defendants is without merit, but the prosecutor's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence admitted by this court are as follows, except for the alteration of the Defendants’ respective legal statements to the Defendant C and E’s respective legal statements in the summary of the evidence as indicated in the judgment of the court below.