A. The Defendant was merely an employee, and was unaware that the entertainment room in this case was an unlawful entertainment room.

B. The lower court’s sentence of 8 months of imprisonment imposed on the Defendant and each of the confiscated articles is too unreasonable.

2. Determination on the grounds for appeal

A. The Defendant asserts that he is not the actual business owner of the game room of this case, but the actual business owner K and L. However, in full view of the evidence duly admitted and examined by the court below, the Defendant’s act of opening a corrective door inside the game room of this case, opening a telephone from other employees in the atmosphere and making them exchange inside and outside, etc., and the Defendant himself stated that he was responsible for and managed within the game room by the investigative agency. According to the above facts, it is sufficient to find the Defendant guilty of the facts charged of this case as to the fact that the Defendant had functional control over the act as a joint principal in operating the game room of this case.

In addition, the defendant alleged that the entertainment room in this case was not aware of the fact that it was an unlawful entertainment room, but the defendant had been punished for the same crime before. The entertainment room in this case did not have any facilities such as signboards, etc., and the entrance door of the entertainment room in this case was corrected at a usual level, and in order for customers to go away, the defendant must open the room in order for customers to go away, and when the defendant got a police officer who was investigating the entertainment room in this case, he did not enter the entertainment room and throw away to another place, it is reasonable to view that the defendant was aware that the entertainment room in this case was illegal.

This part of the defendant's assertion is without merit.

B. The business period of the entertainment room in this case, which judged the allegation of unfair sentencing.