The judgment below

The part against the Defendants is reversed.

Defendant

A shall be punished by imprisonment with prison labor for not more than ten months, and by imprisonment for Defendant C.

1. As to the Defendants’ assertion of unfair sentencing, the Defendants denied the allocation of the instant criminal facts by conspiracy until the lower court’s court’s decision, and did not repent of the mistake, the operation of the illegal game room is a serious crime that causes the loss of the average citizen’s desire to work in a sound manner, causes the loss of the emotional and economic weakness of ordinary people, and causes the economic failure of ordinary people, thereby causing the collapse of their basic lives. Therefore, it is necessary to recognize that the Defendants’ heavy criminal punishment is necessary.

However, in light of the fact that the Defendants were suspected of committing the crime at the time of the trial and recognized the facts of conspiracy, and all of the crimes were committed during the period of detention, and that the Defendants would not commit such crime again, and that there was no past criminal punishment except for a fine for each of these crimes. Defendant C was involved in the instant crime as the proposal of Defendant A, and other various sentencing conditions shown in the records and arguments, including the Defendants’ age, character and behavior, health, home environment, circumstances of the crime, means and means of the crime, and the circumstances before and after the crime, etc., it is determined that the lower court’s punishment against the Defendants (Defendant A: 10 months of imprisonment and confiscation, Defendant C: 6 months of imprisonment) is somewhat unreasonable.

2. 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 appeal by the Defendants is all reasonable, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;