게임산업진흥에관한법률위반
The part of the judgment of the court below of first instance and the judgment of the court of second instance against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for six months.
1. In light of the overall circumstances of this case, the decision of the court below on each sentence (the defendant A: 4 months of imprisonment, 6 months of imprisonment, 1 year of imprisonment, 1 year of imprisonment, 10 months of imprisonment, 10 months of imprisonment, 10 months of 10 months of imprisonment) is too unreasonable.
2. Determination
A. The judgment ex officio (the part against Defendant A in the judgment of the court of first instance and the judgment of the court of second instance), prior to the judgment on the grounds for appeal by the Defendants, Defendant A filed an appeal against the judgment of the court of first and second instance, and this court decided to hold concurrent hearings of the judgment of the court of first and second instance. Since each of the crimes in the judgment of the court of first and second instance against Defendant A is a concurrent crime under the former part of Article 37 of the Criminal Act in relation to concurrent crimes under Article 38(1) of the Criminal Act, it shall be sentenced to a single sentence within the scope of one severe penalty under Article 38(1) of the Criminal Act. In this regard, the part against Defendant A in the judgment of the court of first and second in the judgment of the court of second and the judgment of the court of second instances cannot be maintained, and the prosecutor applied for changes to the facts charged of this case as stated below and the judgment of the court of first and second in this regard changed the subject matter
나. 피고인 AA의 양형부당 주장에 대한 판단 제2 원심 판시 2013고단1803호 게임장의 영업기간이 비교적 짧은 점, 피고인에게 동종 범죄로 인한 처벌 전력이 없는 점, 피고인이 구금생활을 통하여 자신의 잘못을 반성하고 있는 점, 피고인이 만성 신장질환을 앓고 있는 등 건강이 좋지 아니한 점 등 유리한 정상이 있으나, 피고인은 위 게임장의 실제 업주이고, 위 게임장을 운영하면서 단속을 피하여 위 게임장 및 차량 내부를 볼 수 없게 한 속칭 깜깜이 차량에 전파차단기까지 설치하는 등 그 죄질이 불량한 점, 위 게임장의 영업규모가 작지 아니한 점, 이...