게임산업진흥에관한법률위반
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (a prison term of six months, a suspended sentence of one year, a community service order of 80 hours, confiscation) is too uneased and unreasonable.
2. It is recognized that the instant crime is a highly malicious crime that encourages speculation and disturbs the people’s sound sense of labor, and that the nature of the instant game hall is not easy in light of the size, earnings, etc. of the game hall.
However, considering the following factors: (a) the Defendant’s mistake is recognized and the period of the instant crime is relatively long; (b) the Defendant has no record of being punished for the same crime; and (c) the Defendant’s age, sex, environment, the process and motive leading to the instant crime; and (d) the circumstances before and after the instant crime, etc., the sentence of the lower court is too unfeasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.