사행행위등규제및처벌특례법위반등
The defendant's appeal is dismissed.
1. In light of all the circumstances, such as the fact that the defendant is against the nature of the grounds for appeal (unfair punishment) and that there is no criminal record of the same kind, the punishment imposed by the court below (one hundred months of imprisonment and confiscation) is too unreasonable.
2. It is recognized that the judgment is against the defendant, and that the defendant has no record of being punished for the same crime.
However, the crime of this case was committed by the Defendant from the early February 2013 to March 11, 2013 by installing 80 games in the open-air game machine, which is a speculative electronic machine, and providing them to customers, and exchanging them in cash after deducting 10% of commission fees according to accumulated points. The business of the illegal game room is likely to undermine the people's sound sense of work and cause property to be seriously damaged, and there is a need to strictly punish the Defendant as it is not eradicated despite continuous control. The game site of this case seems to have been closely engaged in business without a signboard, such as installing 7 CCTVs and 2 hardwares without a signboard, and it appears that the Defendant was trying to escape from active detection. Moreover, the Defendant was sentenced to four months of imprisonment for occupational embezzlement at the Daejeon District Court on October 6, 2010, and was released from the Defendant on January 5, 2011.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.