사행행위등규제및처벌특례법위반
The defendant's appeal is dismissed.
1. The punishment of the first instance court ( imprisonment with prison labor for 10 months and confiscation) is too unreasonable in light of the fact that the accused's summary of the grounds for appeal (e.g., e., the commencement of the game room business; and
2. In full view of the various circumstances, including the Defendant’s age, character and conduct, environment, criminal records, the background of the instant crime, and the circumstances after the instant crime, even though the Defendant had been sentenced to a fine for a similar criminal offense and a suspended sentence of imprisonment with prison labor, taking into account the grounds for the Defendant’s assertion.
Even if the first instance sentence cannot be unreasonable, the defendant's assertion is without merit.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.