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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In relation to the mistake of facts (Defendant B), the defendant was merely an employee of the game room G and F in relation to the game room in the original city. Regarding the game room K of the original city, the defendant had attempted to seek a store so that co-defendant C, who is a private village partner, can operate the game room, and the judgment of the court below which found the defendant guilty of all the charges of this case against the defendant, even though the defendant had never operated each game of this case, is erroneous in the misapprehension of facts that affected the conclusion of the judgment.
B. The lower court’s sentencing (Defendant A: Imprisonment with prison labor for eight months and confiscation, Defendant B: imprisonment for ten months and confiscation) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to Defendant B’s assertion of mistake of facts, the defendant conspired with accomplices as stated in each of the facts charged in the instant case and provided each of the unlawful game products for use by many and unspecified customers and exchanged them. Thus, the defendant’s assertion of mistake of facts is without merit.
B. As to the Defendants’ assertion of unfair sentencing, Defendant B does not seem to repent his mistake in depth, such as denying each of the instant crimes until the trial is just, and Defendant A was aware of his attempt to conceal his own crime on the ground of “brony president” in the operation of the illegal game room. As such, Defendant A was sentenced to a suspended sentence of two years for the period of imprisonment in August 21, 2008 due to a violation of the Game Industry Promotion Act on November 21, 2008, etc.; Defendant B had the record of being sentenced to a fine of two million won for the same kind of crime on January 2, 2012, such as being sentenced to a summary order of a fine of two million won for a violation of the Game Industry Promotion Act, and even if Defendant B had the record of being sentenced to a fine of two million won for the same crime on several occasions, it is impossible