게임산업진흥에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the overall circumstances of this case, the sentence imposed by the court below (one hundred years of imprisonment and two years of suspended sentence) is too unreasonable.
2. Although the operation of the game room business of this case, which is identical to the crime of this case, has an unfavorable condition, such as the promotion of a speculative spirit of the general public and the degradation of will to work, there is a need to severely punish it. However, the period of the operation of the game room of this case is not relatively long, the defendant has no record of being punished for the same crime, and there is no record of being punished for the same crime, and his mistake against himself, and the defendant suffers from acute scalfympid disease, etc., and considering all kinds of sentencing conditions such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, the defendant's assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article on criminal facts, Articles 44 (1) 2 and 32 (1) 1 of the Act on the Promotion of the Game Industry Selection of Punishment, Article 30 of the Criminal Act, Article 44 (1) 1-2 and Article 28 subparagraph 3 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Game Industry, Article 30 of the Criminal Act, the choice of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;