사행행위등규제및처벌특례법위반등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
except that this judgment.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.
2. As the business of the illegal game room, such as this case, is highly harmful to the general public, such as encouraging a speculative spirit and undermining the will to work, it is necessary to strictly punish the defendant. The defendant is the business owner of the illegal game room of this case, which is the most serious crime compared to other accomplices. The illegal game of this case established in the illegal game room of this case is 51 in total, and the amount of the illegal game of this case is considerably significant as the net profit per month recognized by the defendant is seven million won in total, and the defendant and accomplices have operated their business in a state where they opened the door of the illegal game room of this case to prepare for crackdown, and have prepared for the crime of this case systematically and systematically, such as preparing an emergency door for escape, which is disadvantageous to the defendant.
However, there is no evidence suggesting that the defendant led to the crime of this case and reflects his mistake in depth. The defendant stated that "the time when the illegal game machine that was not classified into the illegal game room of this case was installed is around July 2014, and it was substantially operated until September 22, 2014, and it is nothing more than a month during which it was controlled, and there is no other evidence to prove that the defendant carried on the illegal game room business from that time. Accordingly, the defendant's illegal game room business period is relatively short, and the defendant seems to have a relatively short period of time, and the defendant seems to have a certain degree of anti-discrimination opportunity after being tried in custody for about four months after being detained for the crime of this case. The defendant is the first offender, and the health of the defendant is good due to brain color, etc., the defendant's wife and children who should support the defendant, the fact that there is the most serious degree of participation in the crime of this case, and the circumstances, degree of participation, and degree of participation in the crime of this case.