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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence 1 and 2 shall be confiscated, respectively.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and confiscation) of the lower court’s sentence against the Defendant is too unreasonable.
2. In light of the fact that the crime related to the illegal game room is highly likely to cause severe social harm and harm, such as encouraging people to commit an excessive speculative spirit and undermining sound labor practices, and thus, there is a need to strictly punish the illegal game room. Even in order to prevent the spread of the illegal game room, there is a need to cut off the business owner operating the illegal game room and the person who facilitates the illegal game room, and there is a disadvantage to the defendant, such as the fact that the criminal record of fines for the same kind of crime is one time in around 2012.
However, the period of operation of the game of this case is limited to three days, the period of operation of the game of this case is limited to the confession of the crime of this case and reflects his mistake, and there is no fact in the method of operation of the game of this case. The defendant has been growing up in an environment where he lost his parents and grow up in a bad condition, the defendant's economic condition is not good, and the defendant's marriage fund with a Matrimonial-gu with a Matrimonial-gu is likely to bring about the business of the game of this case. The defendant's profit from the crime of this case is not significant, the defendant's contribution of 3 million won to the Daejeon Rabbl in order to return illegal profits to society, it seems that the defendant had an opportunity to realize punishment through detention for more than 3 months, and the defendant currently has been working in another workplace and has been living in good faith without re-offending, and the defendant's wife's wife has been able to leave his wife against the defendant, the circumstances and motive of the crime of this case, etc.