A. The sentence of the lower court (two months of imprisonment, additional collection of KRW 5.160,00) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

A. The lower court found the Defendant’s average daily criminal proceeds from the instant crime as KRW 120,00,000 and additionally collected KRW 5,160,00 ( KRW 120,000 x 43 days) from the Defendant.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant stated that the daily sales of the game of this case are KRW 80-1 million or KRW 1.2 million at an investigative agency; ② the game machine seized in the game of this case is KRW 104, cash is KRW 5,375,600 (the rent of the game of this case is KRW 500,000,000 on two months according to the defendant's statement). ③ Employees H found that the defendant's game of this case was the average of KRW 30-40,000 per day at an investigative agency, and the amount of the game of this case is significant (the rent of the game of this case is KRW 500,000,000 on two months). In full view of the facts that the defendant stated that the defendant was the average of KRW 16,00,000 per day from June 18, 2014 to KRW 36,000.

The defendant's improper assertion of collection is without merit.

B. Whether an unreasonable sentencing is unfair or not is recognized by the Defendant, and the Defendant has no record of criminal punishment since 2008, etc. are favorable factors for sentencing.

On the other hand, the defendant has been punished twice for the same crime including punishment.