Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
except that this shall not apply.
Reasons
1. The summary of the grounds for appeal is unreasonable as it is too unreasonable for the lower court to have imposed each punishment on the Defendants (one year and six months of imprisonment; one year and one year of imprisonment; one year and six months of imprisonment; one year and six months of confiscation; and one year and six months of confiscation).
2. Determination
A. It is recognized that the size and operating period of Defendant A’s game funeral of this case is reasonable, and, in particular, even after a crime of No. 1 as indicated in the judgment of the court below is continuously committed a crime of No. 2 as indicated in the judgment of the court below, and the defendant has a record
However, in the trial of a party, the defendant recognized all of the crimes of this case as a result of the defendant's multiple times, and the defendant appears to have lent his name upon the request of C, and was not directly involved in the operation of the game room. In full view of all of the records of this case, including the defendant's age, sex, environment, circumstances and motive leading to the crime of this case, and circumstances before and after the crime, the sentence of the court below is too unreasonable.
B. It is recognized that in the trial of Defendant B, the Defendant recognized the instant crime and opposed to it, etc.
However, in full view of the following factors: the size and operating period of the game of this case; the defendant had been punished for the same kind of crime; and the defendant's age, sex, environment, motive, means and consequence of the crime; and all the sentencing conditions as shown in the records and changes theory, such as the circumstances before and after the crime, the court below's punishment against the defendant is too unreasonable.
(c)
Defendant
C It is recognized that in the trial of the party, the defendant recognized all of the crimes of this case and reflected.
However, the size and the operating period of the game of this case are significant, the defendant played a leading role in the crime of this case, the defendant has been punished several times, including imprisonment with prison labor due to the same crime, and other matters.