게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal: The lower court’s imprisonment (eight months of imprisonment) is too unreasonable.
2. The crime of this case is committed by promoting a large number of unspecified gambling, thereby impairing their sound sense of work and causing the failure of home economy. In light of such social harm, the circumstances, such as the crime’s nature is not good, and the game machine used for the crime of this case reaches 170s and exceeds 170s, are disadvantageous to the defendant.
However, the Defendant recognized the instant crime from the lower court to the first instance trial, and is in deep reflect on the Defendant’s depth, and the Defendant appears to have been under confinement for four months upon being sentenced to imprisonment for the instant crime, recognizing the discontinuance and risk of the instant crime and not re-offending in the future. The Defendant has no criminal record for the same kind of crime, only the Defendant has been sentenced to two fines due to the instant crime, and the Defendant closed down and disposed of the instant game site after the instant crime is favorable to the Defendant.
In full view of the defendant's favorable circumstances and other conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, family relationship, motive and background of the crime of this case, means and consequence, etc., the sentence of the court below is deemed unfair because it is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and the summary of the evidence, and the summary of the evidence, are the same as the entries of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1.