The judgment below

Of the defendants, the part of the defendant is reversed.

A defendant shall be punished by imprisonment for seven months.

Daejeon District Prosecutors' Office.

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (10 months of imprisonment) is too unreasonable.

2. The crime related to the illegal game room is a highly harmful crime such as encouraging a citizen's excessive gambling spirit and undermining sound labor awareness, and thus, it is necessary to punish the offender. The crime also causes confusion to investigation agencies and the judiciary by purchasing the subject of criminal punishment and causing confusion to the investigation agencies and the judiciary, thereby seriously damaging the function of the criminal justice, such as hindering the exercise of the State's legitimate penal authority, and thus, it is necessary to punish the offender. The Defendant is disadvantageous to the Defendant, while operating the illegal game room, such as having the branch office in order to avoid his responsibility.

However, there are extenuating circumstances, such as the Defendant’s mistake in depth, the primary offender who has no record of criminal punishment, the Defendant’s wife wanted the Defendant’s wife against the Defendant, the Defendant’s wife who is not healthy, and the Defendant’s most supporting the Defendant’s aged, character and behavior, environment, motive, means and consequence of the crime, and all other sentencing conditions, including the Defendant’s age, character and behavior, environment, motive and consequence of the crime, the circumstances after the crime, etc., it is recognized that the sentence of the lower court is too unreasonable.

3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts constituting a crime and evidence recognized by this court shall be as stated in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 30 of the Criminal Act, Articles 151 (1) and 31 (1) of the Criminal Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.