게임산업진흥에관한법률위반
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (four months of imprisonment) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.
2. A favorable circumstance is that the Defendant recognized his mistake and reflects his mistake, and the size of the PC room operated is not large, and the operation period is short.
On the other hand, on April 19, 2018, the defendant was sentenced to six months of imprisonment and one year of suspended execution for the same crime at the Gwangju District Court on April 19, 2018, and the judgment became final and conclusive on the 27th of the same month. The defendant acquired the instant PC room on March 5, 2018 during which the above judgment was pending and again committed a crime during the period of suspended execution under the above judgment.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too heavy or is not deemed unfair as it is too low. As such, the Defendant and the Prosecutor’s assertion are without merit.
3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.