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. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant is too unreasonable.

2. The operation of an illegal game room, such as the crime of this case, is highly harmful to society by encouraging the general public to commit an excessive speculative spirit, and it is not easy to eradicate continuous crackdowns, and there is a need to strictly punish the defendant. The defendant, who led the opening and operation of the game room, proposed to operate the game room together with Co-defendant A, who is disadvantageous to the defendant. The size of the game room of this case is small.

However, considering the fact that the defendant is divided into his crime through the life of imprisonment for more than two months, the period of operation of the game of this case is only one week, and the benefit for the operation of the game of this case seems to be low, the game of this case is confiscated, the defendant is the first offender who had no record of crime prior to the crime of this case, the equity in sentencing with the co-defendant A of the court below who jointly operated the game of this case with the defendant, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and behavior, and environment, even if considering the above unfavorable circumstances, the court below's punishment is too unreasonable.

3. In conclusion, the part of the judgment below against the defendant is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

[Discied Judgment] The criminal facts of the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;