게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the various sentencing conditions in light of the summary of the grounds for appeal, the sentence of the lower court (a punishment of eight months of imprisonment, confiscation, and collection of 280,000 won) is too unreasonable.
2. The crime of this case in determining the grounds for appeal is that the defendant employs his employees and operates an illegal game room and operates it as a business to exchange the result thereof. The operation of such illegal game room is highly harmful to society, such as promoting a general public’s spirit of gambling and undermining the will to work. The game room of this case has a 40 game machine, and its size is not small, and the defendant again committed each crime of this case even though he had the record of receiving a summary order of 5 million won for the same crime in Busan District Court's Dong Branch on May 12, 2010, the defendant committed each crime of this case against the defendant.
However, in full view of the following: (a) there is no criminal history that excludes the above criminal records from the Defendant; (b) the Defendant recognized all of the crimes of this case; (c) the gains acquired by each of the crimes of this case are relatively large; and (d) the actual period of operation of the game of this case was not less than six days; (c) the Defendant was detained by each of the crimes of this case and was detained for five months; (d) the Defendant collected criminal proceeds from the crime of this case; and (e) other circumstances, including the Defendant’s age, character and conduct, family environment, and motive and circumstance of each of the crimes of this case; and (e) the application of sentencing guidelines by the Sentencing Commission, the sentence imposed by the lower court is too unreasonable.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be the column of the original judgment.