게임산업진흥에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the imprisonment for six months, the suspension of the execution of two years, the community service order 200 hours, the additional collection of 3,053,00 won) is too minor.
2. The fact that the Defendant had been punished for the same kind of crime even before the instant crime was committed (two times a fine and one time a suspended sentence of imprisonment), and that the business of the illegal game room is in need of strict punishment due to serious social harm and harm, such as encouraging the general public’s spirit of gambling and undermining the desire to work, is an element of sentencing disadvantageous to the Defendant.
However, in full view of various sentencing conditions, including the fact that the defendant recognized the crime of this case and did not repeat the crime of this case, the size of the illegal game of this case is not large, and the period of the crime is also short, and it seems that the defendant's profits derived from the crime of this case are not high, the sentence imposed by the court below is within the appropriate sentencing range.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.