The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. 판단 불법게임장 운영 관련 범죄는 일반 대중의 사행심을 조장하고 가정경제를 파탄시키는 등 그 사회적 해악이 매우 커 이를 엄하게 처벌할 필요성이 있는 점, 이 사건 게임장 영업과 관련하여 경찰 단속을 피하기 위하여 일명 ‘깜깜이’ 차량을 동원되는 등 그 범행수법이 치밀하고, 피고인이 위와 같은 불법 영업에 필요한 자금을 투자한 것을 감안할 때 피고인에게는 따끔한 경고가 필요하다.

However, in light of the fact that the defendant has no history of punishment in relation to the game room, the result of the court below's sentencing examination, such as the defendant's statement in the Z of the witness of the court, etc., the defendant committed a crime in an investigative agency upon the request of her husband, and has committed a violation in depth during the period of detention. The defendant's husband and her father who makes it difficult to create the bar on her behalf of the defendant is also trying to prevent the recurrence of recurrence. Meanwhile, in full view of the fact that the defendant's husband is under the captain's cancer treatment and her mother suffers from dementia, and other conditions of sentencing as shown in the records, the court below's sentence for the defendant seems to be too unreasonable.

3. In conclusion, the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and this part is remanded to the court below as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Point of provision for use of game products not classified: Article 44(1) of the Promotion of the Game Industry Act;