게임산업진흥에관한법률위반등
The part of the judgment of the court of first instance against the defendant is reversed.
A defendant shall be punished by imprisonment for two years.
Seized No. 1.
1. Summary of grounds for appeal;
A. The sentence of imprisonment (one year and six months of imprisonment, confiscation) of the first instance court is too unreasonable.
(b)the first instance sentence of the inspection (unfairness) is too unhued and unfair;
2. The business of a speculative game room, such as the instant crime, requires a very strict punishment of social harm, such as encouraging the public’s spirit of gambling and undermining the will to work.
In addition, the defendant committed each of the crimes of this case even though he had been punished as a suspended sentence of imprisonment with prison labor for the same crime and had been punished several times.
Despite the fact that a person has been under control again commits the same kind of crime in the same place and even if the person has been under control, the person has continuously committed the same kind of crime on the ground of the head of the so-called branch office, and the crime is not very good in light of the number, period, method, size, the role of the defendant, etc.
It is difficult to find respect for public authority or law-abiding consciousness, such as abusiveing and assaulting a game room and a police officer on duty.
In addition, in full view of the defendant's age, character and conduct, environment, details and results of the crime, and all the sentencing conditions shown in the arguments and records, the first instance court's punishment is too uneasible and unfair.
Defendant’s assertion is without merit and prosecutor’s argument is with merit.
3. In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
(Inasmuch as the appeal by the prosecutor is well-grounded, the appeal by the defendant shall not be dismissed separately from the disposition of the court). The summary of the facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court of first instance, and thus, it shall be cited as it is in accordance with Article 369 of the
Application of Statutes
1. Criminal facts;