게임산업진흥에관한법률위반
The defendant's appeal is dismissed.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of five million won, confiscation) against the Defendant is too unreasonable.
2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects his mistake, and that the defendant has no criminal records of the same kind.
On the other hand, the crime of this case is limited to the act of installing 50 game machines for which the defendant did not receive a retrial, and the act of exchanging them, and the act of running an illegal game room business, and the scale of the crime is not small. ② Illegal game room business such as the crime of this case is detrimental to the people’s sound sense of work, and there is a need to strictly punish the defendant because it is not eradicated despite continuous control, ③ the fairness of sentencing with the similar case, ③ the equality of the defendant’s age, family environment, circumstances before and after the crime, etc., and various sentencing conditions as shown in the records and arguments, it is not unreasonable for the court below’s sentence against the defendant is too excessive.
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.