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The judgment below
The part against the Defendants is reversed.
Defendant
B Imprisonment with prison labor of one year and two months, and Defendant C.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that Defendant B (unfair punishment) confessions all of the crimes of this case and reflects the wrongness, etc., the sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.
B. In light of all the circumstances, including the fact that Defendant C (unfairly unfair) led to the confession of each of the crimes of this case and reflects the mistake, and the degree of participation in the illegal game room business, etc., the punishment imposed by the lower court (limited to eight months of imprisonment, confiscation, and collection) is too unreasonable.
C. Defendant D1) misunderstanding of facts (the part in the case of this case) (the 2012 Highest 448). The Korea Industrial Safety Association, which is a reliable state agency, confirmed that the game of this case was a machine and confirmed that it was a machine and there was no intention or illegality awareness, and the Defendant believed this part of the facts charged is erroneous in misunderstanding of facts, even though it was found that all of the crimes of this case were guilty, the lower court, which recognized this part of the facts charged, was erroneous in misunderstanding of facts.
2. Determination
A. The crime of this case against Defendant B committed each speculative act in collusion with Defendant A, C, etc. in collusion with the Defendant set up a “rashing game” game machine and the “tecing game machine” in the Chungcheong budget, and operated the respective “tecing game machine” in the Bupyeongcheon in collusion with Defendant B, etc., and exchanged them with the right to use them so that customers can use accumulated points as cash with the right to use them. The act of aiding and abetting Defendant B to conduct the speculative act in the “rashing game” game using the same method at the window. Thus, the illegal speculative game room business is likely to undermine the people’s sound sense of work and cause a scambling of property, and there is a need for strict punishment as it does not eradicate despite continuous control.