게임산업진흥에관한법률위반등
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 against the Defendant (two months of imprisonment and confiscation) is too unreasonable.
2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the instant crime and reflects his mistake; and (b) there is no significant penalty power exceeding the fine imposed on the Defendant.
On the other hand, the crime of this case is not likely to be committed because the defendant set up 40 game machines with different contents from the rating and abetted the defendant to escape from committing the crime on the ground of F as its branch office in order to conceal his own crime. ② The 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, ③ the defendant has the history of being punished three times for the same crime, and other various conditions of sentencing as shown in the records and arguments, such as the defendant's age, family environment, and circumstances before and after the crime.
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.