사행행위등규제및처벌특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the punishment (one year of imprisonment, confiscation, and collection) imposed by the court below against the defendant is too unreasonable.
2. In the instant case, the Defendant provided a game product that was not rated to customers while running the game room and provided a speculative act for which the Defendant committed the instant crime during the period of suspension of execution despite the fact that the Defendant committed the instant crime, such as: (a) the business of an illegal game room is in need of strict punishment by promoting the public’s spirit of gambling; and (b) the home economy was broken down; and (c) the game room of this case is established at 40 prices; and (d) the Defendant committed the instant crime during the period of suspension of execution.
However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the Defendant’s game room operation period is not long; and (c) the Defendant’s proceeds are merely KRW 19 million; and (d) the Defendant appears to have sufficiently reflected his mistake through the Defendant’s prison life for about eight months in the instant case; and (b) other circumstances, which are the conditions for sentencing specified in the instant records and arguments, such as the circumstances after the commission of the instant crime, character and behavior, the Defendant’s character and environment, age, etc., are somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Speculative businesses using speculative gaming machines under Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. concerning criminal facts.