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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal (a two-month imprisonment, confiscation) of the lower court is too heavy or unreasonable.
2. The circumstances are favorable, such as the fact that the Defendant recognized the instant crime and against the mistake, the running period of the instant game room is considerably short, and the Defendant is not an actual business owner, the economic situation is very difficult, and the mother is spreading.
However, the Defendant, as the so-called “the president of the Republic of Korea,” has been engaged in considerable part of the operation of the game hall, and the degree of participation in the crime is not weak; the investigative agency stated that he is the actual owner of the business; the Defendant repeatedly committed the instant crime without being aware of it during the repeated crime period due to the same kind of crime; and the Defendant has been subject to criminal punishment several times.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means and consequence of the crime, etc., there are no special changes in circumstances that make different from the lower court’s sentencing conditions, such as the records of this case as well as the circumstance after the crime, etc., the lower court’s punishment is too heavy or unreasonable.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.