게임산업진흥에관한법률위반
The prosecutor's appeal is dismissed.
1. In light of the substance and nature of the instant crime and the criminal records of the same kind of crime, etc., the lower court’s punishment (a fine of KRW 6 million) is deemed too uneased and unreasonable.
2. The Defendant committed the instant crime, even though he/she had the record of being sentenced to a fine twice as an act of installing an illegal game machine at the party room operated by himself/herself in 2011 and 2012, and providing it to customers, etc., is disadvantageous to the Defendant.
However, in full view of the following facts: (a) the Defendant recognized his mistake and expressed in depth that he would not repeat again; (b) the operating period of the instant business site is relatively short, and the scale of the instant business site (three games) is relatively short; (c) the size of the operation (three games) has not been significant; (d) the Defendant discontinued his business; and (e) there is no penalty power exceeding the fine for the Defendant; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character, conduct and environment, etc., the Defendant’s punishment cannot be deemed as
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.