All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the punishment imposed by the court below (one year of imprisonment) is too heavy or unhued so as to be unreasonable.

However, the Defendant, who completed the execution of a punishment for the same kind of crime, was at the same time a repeated crime, and was in a probation period for the same crime, was at the same time, so there is a high possibility of criticism because the Defendant committed the same crime even though he had been able to lead a life in good faith. As such, the businesses of the speculative illegal game room, such as the crime in violation of the Game Industry Promotion Act, need for strict punishment, such as promoting the general public’s gambling spirit and lowering the desire to work, etc. The Defendant was a partner operating the game of this case; the Defendant was actually running the game of this case; the Defendant’s recognition of all the crimes; the Defendant is against the wrongness; the suspended sentence has to be invalidated; the Defendant’s age and current family relation, past criminal records, character and conduct, environment, circumstances after the crime; the size of the business of the game of this case; and the degree of the Defendant’s participation, etc.; thus, the Defendant’s assertion of unreasonable sentencing and unfair sentencing cannot be accepted.

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

(However, among the "application of Acts and subordinate statutes" of the judgment below, the term "proviso of Article 42" in the "Aggravation of repeated offense" is deleted and shall be corrected ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.