게임산업진흥에관한법률위반
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment imposed by the court below (two months of imprisonment and confiscation) is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.
2. It is recognized that the crime related to illegal gambling games is mainly against the ordinary people, and thus social harm is serious. As such, the Defendant has the history of having been punished for the same kind of crime, and the Defendant has been sentenced to one year of imprisonment for a violation of the Game Industry Promotion Act on May 26, 2011, and committed the instant crime even if he/she had been serving as a repeated offender upon completion of the execution of the sentence on March 2, 2012.
However, considering the fact that the Defendant recognized the instant crime and reflects the mistake in depth, the fact that the state of health is not good due to urology, etc., as favorable to the Defendant, and there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment. In full view of the following various circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence is too heavy or unreasonable.
Therefore, the defendant and the prosecutor's argument are not accepted.
3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.