사행행위등규제및처벌특례법위반등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. In light of the fact that the Defendant’s judgment illegally operated another game room even though it was crackdownd on the illegal operation of the video watching loss, and that the branch office was held in order to avoid punishment, it is necessary to strictly punish the Defendant.
However, in full view of the following factors: (a) the period of the Defendant’s operation of the instant video reduction room and the game room is merely 12 days in total; (b) the profits earned from the operation of the said video reduction room are to be collected as a penalty; (c) the Defendant has no record of punishment for the same kind of crime; and (d) the Defendant’s age, character and conduct, environment, family relationship, and other various sentencing conditions specified in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is deemed unreasonable, and therefore
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 following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article on criminal facts, Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. concerning Punishment of Speculative Acts and Subordinate Statutes (a place of speculative business using speculative machines), Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on Promotion of the Game Industry, Article 30 of the Criminal Act, Article 151 (1), Articles 31 (1), and 30 of the Criminal Act, Article 30 of the Criminal Act, Article 151 (1), Article 31 (1), and Article 30 of the Act on Special Cases concerning Regulation and Punishment of Punishment
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Suspension of execution;