게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (ten months of imprisonment and confiscation) of the lower court is too unreasonable.
2. As to the crime of this case, an illegal game room business in the form of exchanging premiums in cash obtained through the use of a game product without a rating, such as the crime of this case, is highly likely to cause social harm by encouraging the public’s spirit of gambling and neglecting the home economy. In particular, considering the fact that the game site of this case is located on the first floor below the house’s own house, it is difficult to find out whether it is a game room or not, in light of the fact that the CCTV, etc. was installed at the entrance of the game, and that the crime of this case, such as installation of CCTV, etc., is not against and against the defendant, it is necessary to choose imprisonment with prison labor at a severe warning level.
However, as a result of the sentencing review of the court below, the defendant has no record of being punished for the same crime or suspended sentence or more. While recognizing all of the crimes of this case, it is against confinement life for about three months, and is in a position to support the defendant's health condition up to friendly and friendship with his mother who is not good due to friendly ties, the defendant's family appeals against the defendant's wife. Above all, the defendant has been properly punished money with his beauty artist's certificate after release, and the risk of recidivism is considerably reduced because the defendant promises to marry and marriage with the captain of the deep-sea fishing vessel with the stable income guaranteed by the captain of the deep-sea fishing vessel. In addition, considering the motive and circumstance of the crime of this case, the defendant's age, character and behavior, and environment, etc., the sentence of the court below is too unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.