게임산업진흥에관한법률위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal against the Defendants (e.g., the defendants A: 2 years of suspended sentence in August; 2 years of suspended sentence in one year; 3 years of suspended sentence in one year; and 2 years of suspended sentence in 10 months) are too unfasible and unfair.
2. Considering that the size of the illegal game room, the period of operation, and the money exchange business, the quality of the crime cannot be deemed to be light, the act of business in the illegal game room causes significant social harm by impairing sound labor awareness and encouraging speculation, and Defendant B has criminal records sentenced to a fine for a crime of aiding and abetting Violation of the Game Industry Promotion Act in 2012.
However, in full view of the following circumstances: (a) both the Defendants were committed during the commission of crimes and three weeks of imprisonment; (b) Defendant A and C did not have the same criminal history; and (c) Defendant A did not have any past record of criminal punishment for the suspension of execution; (d) the operating income of the game room is difficult to readily conclude that the amount of revenues of the game room is large; and (e) other circumstances that conditions for sentencing, such as the Defendants’ age, occupation, family relationship, health, etc., the sentence imposed by the lower
3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.