게임산업진흥에관한법률위반
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in the month of imprisonment with prison labor, two years of suspended sentence, confiscation and collection) is too unreasonable.
2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.
There is no record that the defendant was punished for the same crime.
Unfavorable circumstances: Social harm of money exchange crime, such as the crime of this case, is not small.
The defendant is a unemployment of the game of this case, and the size of the game machine established in the game of this case is not small.
The defendant has been punished five times by a fine for gambling for a criminal of gambling.
In light of the above favorable circumstances, the Defendant’s age, character and conduct environment including unfavorable circumstances, motive and means of committing the crime, the circumstances after committing the crime, etc., various sentencing conditions as shown in the arguments and records of this case, and the scope of recommended punishment according to the sentencing guidelines (the scope of recommended punishment from June to one year and six months / [the scope of recommended punishment] and the basic area (no person subject to special sentencing) of the basic area (from June to one year and six months / one year) (no person subject to special sentencing) of the illegal game water use, etc., the sentence imposed by the lower court is excessive and unfair.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.