All appeals by the Defendants and the Prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendants asserted that the sentence imposed by the court below against the Defendants (the defendant A: 8 months of imprisonment, 2 years of suspended sentence, 80 hours of probation, 80 hours of social service, and 5 million won of fine) is too unreasonable.

B. The prosecutor asserts that the sentence imposed by the court below on Defendant B is too unhued and unreasonable.

2. The crime of this case is likely to promote a speculative spirit and cause harm to the general public’s sound sense of work, and in the case of Defendant B, the crime committed during the repeated crime period is disadvantageous to the Defendants.

However, considering the circumstances favorable to the Defendants, such as the Defendants’ age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the Defendants did not have the same criminal power, and the Defendants reflect in depth, and the content of the alteration of the program of the game of this case appears to have a relatively significant impact on the increase of speculation. In full view of other circumstances, it is not recognized that the lower court’s punishment imposed on Defendant A is too heavy, or that the sentence imposed on Defendant B is too heavy or unreasonable.

3. Conclusion, the appeal by the Defendants and the prosecutor is dismissed in entirety on the grounds that the appeal is without merit. It is so decided as per Disposition.

However, in the application of the law of the court below, Article 32 of the Criminal Act, "Article 32 of the Criminal Act", "Article 32 (1)", "Article 55 (1) 3 of the Criminal Act", "Article 55 (1) 6 of the Criminal Act", "Article 70 (1) of the Criminal Act", "Article 70 (1) of the former Criminal Act", "Article 70 (1) of the former Criminal Act, which was amended by Act No. 12575 of May 14, 2014, is clearly erroneous, and thus, it shall be corrected ex officio pursuant to Article 25 (1) of the Regulations on Criminal Procedure.

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