The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

except that this judgment.

1. Summary of grounds for appeal;

A. In light of the fact that the defendants' defense counsel (e.g., the defendants led to confession of the facts charged of this case and reflects their mistakes in depth, and the actual operating days of the game room of this case are merely 35 days and thus the profits gained by the defendants from the crime of this case are not significant, and the defendants do not have the same criminal history, etc., the court below's sentence of imprisonment for 8 months, additional collection of 9,660,000 won and 2 years of probation, additional collection of 160 hours of community service order, additional collection of 2,00,000 won is too unreasonable.

B. The crime of this case committed by the public prosecutor (unfairness) committed by the Defendants is highly harmful to society by encouraging speculation and impairing the sound sense of work among the general public. Therefore, it is necessary to punish the Defendants with severe punishment corresponding thereto. The crimes are inferior to the quality of crimes, such as changing the three game rooms and continuing the crime. Defendant A committed the crime of gambling opening and opening the gambling, which was committed during the period of suspension of execution, even though he was placed a prior notice of suspension of indictment for the crime of committing the crime of gambling opening and opening the gambling which was committed during the period of suspension of execution, which has not yet passed after the period of suspension of indictment expires, and thereby committed the crime similar to the crime of which the suspension of indictment was imposed.

2. Determination:

A. There are many kinds of conditions under Article 51 of the Criminal Act, which are conditions for sentencing, such as the motive and background leading up to the instant crime, circumstances before and after the instant crime, and other records and arguments, including the fact that Defendant A did not have any profit gained from the instant crime, the fact that Defendant A had no record of similar crime except for the suspension of indictment against Defendant A as an gambling opening room, the economic situation of Defendant A is very difficult, the fact that Defendant A had a family member to support the Defendant A, and the fact that Defendant A is against his wrongness.