게임산업진흥에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Nos. 1 through 7 of seized evidence.
1. The sentence of the lower court (one year of imprisonment, confiscation, and collection KRW 5 million) against the Defendant on the summary of the reasons for appeal is too unreasonable.
2. The following facts are the circumstances that are disadvantageous to the defendant: (a) the business of the illegal game room and the business of the illegal game room are highly harmful to society, such as encouraging a speculative spirit of the general public and hindering sound labor awareness; (b) the defendant has a significant degree of participation in the crime, such as having been staying in the name of the game room of this case and having managed the game room and having money exchange activities against customers, etc.; (c) in the case of assaulting the victim who was a related relationship for a minor reason, the crime was committed by the defendant, in light of the background of the crime, method of the crime, the part of the assault, and the circumstances after the crime, etc.; (d) the defendant has been punished three times, including a suspended sentence of imprisonment, due to a violation of the Game Industry Promotion Act; and (e) the defendant committed each of the crimes of this case even though he had been punished one time due to the crime of injury.
On the other hand, the period of the crime of violation of the Act on the Promotion of the Game Industry of this case is not relatively long, and the degree of damage caused by the violation of the Road Traffic Act or the assault crime of this case is not relatively large, the defendant reflects the mistake while committing all the crimes, and deposits one million won for the victims of the violation of the Road Traffic Act and the assault crime, etc., which are favorable to the defendant. In addition, taking into account all the sentencing conditions of the defendant's family relation, economic circumstances, age, sexual behavior, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled as follows.