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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts) Defendant A (hereinafter “instant game room”) written in the facts charged
The instant facts charged that an employee of the instant game room was employed or exchanged to customers by failing to participate in the operation of the game room as a business owner in the name of the Defendant, was not known of the opening, alteration, or exchange of the game machine. Therefore, the instant facts charged is not an act committed by the Defendant A. Therefore, the lower court, which recognized the entire facts charged in the instant case as a criminal act by the Defendant A, erred in misunderstanding of facts. 2) In so doing, the lower court’s punishment against the Defendant A (one hundred months of imprisonment) is too unreasonable.
2. The Prosecutor’s sentence against the Defendants (ten months of imprisonment with prison labor for Defendant A, two years of suspended execution in Defendant B’s imprisonment with prison labor for six months, and 120 hours of community service order) is too unfased and unreasonable.
2. Determination
A. As to the Defendant A’s assertion of misunderstanding of facts, the lower court’s determination on this part of the allegation by the lower court is justifiable.
(B) According to the records, the defendant Gap offered them to customers with the knowledge of the fact that the game of this case was opened or altered differently from the original rating classification, and the investigative agency provided the writers with the view to this part of this part. Examining the judgment of the court below in comparison with the records, the court below's determination is just and acceptable, and it cannot be deemed that there was any error as alleged by the defendant A. (2) The defendant Gap lent only the name of the actual business owner N to the purport that he was unaware of the operation of the game of this case including whether the game of this case was opened or altered, or whether his employees were employed.)