The defendant's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (a fine of 7 million won, confiscation) is too unreasonable.

Judgment

The fact that the defendant recognized his mistake, the period of operation of the illegal game room is not limited, and the fact that the crime of this case is in a concurrent relationship between the previous conviction of the judgment of the court below and the latter part of Article 37 of the Criminal Act, and should consider the case and equity at the same time is a favorable sentencing factor.

However, the crime of running an illegal game room is an unfavorable sentencing factor that is disadvantageous to the fact that not only disturbs the distribution order of game products, thereby hindering the fostering of a healthy game culture, but also has serious social harm such as undermining the people's awareness of good labor by encouraging speculation, and thus, there is a high need for severe punishment. In particular, the defendant has been punished for the same kind of crime and has the record of being punished for imprisonment, and the fact that the defendant committed the crime of this case during the period of repeated crime for which seven months have not passed since he was released from prison due to the same kind of crime. Considering the circumstances leading up to the crime of this case, circumstances after the crime of this case, the defendant's age, character and behavior, and environment, it is not recognized that the sentence of the court below is too unreasonable, and therefore the defendant's assertion is groundless.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.