The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for one year.

except that this shall not apply.

1. The illegal game room business, such as the crime of this case, such as the crime of this case, requires a strict punishment of social harm by promoting the speculative spirit of the general public and neglecting the home economy. While the defendants are not good to protect the actual owner of the business in advance to join in an investigation agency, and have the nature of the crime such as carrying on his own (the defendant E) or other persons as the owner of the business, the degree of participation is relatively minor, the period of operation of the game room is not long, and the defendant B did not have a criminal record above the same criminal record and fine, and the defendant C has no criminal record except the suspended indictment due to the violation of the Game Industry Promotion Act, E is the primary crime, and E is the primary crime, and considering the motive and circumstance of the crime of this case, the age and character of the defendants, the character and conduct of the crime of this case, and other various circumstances that form the conditions of sentencing as indicated in this case, it is reasonable to view that the punishment of the court below is somewhat excessive (one year imprisonment).

2. In conclusion, the part of the judgment below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Article 44 (1) 2 and Article 32 (1) 7 of the Promotion of Game Industry Act, Article 30 of the Criminal Act, the choice of imprisonment with prison labor, and the choice of punishment for a crime;

1. Defendant C whose concurrent crimes are aggravated: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for suspended execution;

1. Consideration favorable to the judgment;

1. Probation and community service order under Article 62-2 (1) of the Criminal Act, the Act on Probation, etc.;