사행행위등규제및처벌특례법위반등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. The judgment of the defendant is the time to commit the crime of this case, and the defendant's actual profit is not much high.
Considering circumstances, such as seen, is recognized.
However, the Defendant was a considerable amount in light of the fact that the Defendant was under control over the business of the game, but again reoffending within a short period, and the number of game machines installed in the game of this case.
It appears that many people play a role in the game room systematically, and that operating profit was reasonable.
According to the fact that the crime of this case was committed through a very high level of gambling, such as giving customers a money exchange, and the act of running the illegal game room business cannot be deemed to be somewhat less liability because of the great harm to society, such as encouraging the gambling spirit of the general public and undermining their desire to work, etc., it is reasonable to place the defendant with severe punishment.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.