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The judgment below
Part concerning Defendant A and B shall be reversed.
Defendant
A Imprisonment with prison labor for one year, and Defendant B.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s respective sentences against the Defendants (one year of imprisonment with prison labor for the Defendants A, confiscation, Defendant B: 10 months of imprisonment with prison labor, and Defendant C: 6 months of imprisonment with prison labor) are too unreasonable.
2. Determination
A. The crime related to Defendant A’s illegal game room is a very serious crime with great social harm, such as encouraging a citizens’ excessive spirit of gambling and undermining a sound sense of work, and thus, need to be punished. Defendant A again committed an offense described in paragraph (2) of the criminal facts while being investigated as an offense specified in paragraph (1) of the criminal facts, and Defendant A was in the position to instruct other employees, such as Defendant B and C, as a superior, is disadvantageous to Defendant A.
However, the actual operator of the game of this case and the person who led the resumption of operation after the first crackdown are G. The defendant A only lent the name of business registration and lease agreement, but did not directly invest in the game room or did not directly take charge of the alteration of the game machine. The profit from the operation of the game room was not paid at a certain ratio, rather than 10,000 won, the defendant was receiving only a daily allowance of 10,000 won, the defendant was living in custody for more than 6 months, the period of business of the game of this case is not long, but the game of this case is confiscated, the game of this case is not long, the game of this case is confiscated, the defendant's parent of the defendant A, the birth and friendship of the defendant who was prone to the defendant, and other various matters provided for in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant A's age, character and behavior, and environment.
B. The crime related to Defendant B’s illegal game room is an offense highly harmful to society, such as encouraging citizens’ excessive spirit of gambling, hindering sound labor, etc., and is punished.