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The prosecutor's appeal is dismissed.
Reasons
1. In light of the fact that the defendant was punished for the same kind of crime, the necessity of strict punishment for the illegal game room, etc., the sentence of the court below (two years of suspended execution in August, community service order 120 hours, confiscation) is too uneasy and unfair.
2. The instant act by the Defendant infringed legal interests relating to the distribution order of game products, creation of a healthy game culture, and enhancement of sound work awareness.
In addition, the defendant was sentenced to a fine on one occasion at around 2001 for the same crime and was punished accordingly.
Meanwhile, in full view of the following circumstances: (a) there was no other criminal records other than the past ten years after the Defendant was punished; (b) there was no other criminal records other than the past 10 years ago; (c) the Defendant violated the Defendant’s wrong life near the four months of detention; and (d) said that the Defendant would not repeat the instant game room business after committing the instant crime; and (c) the Defendant was running the instant game room business after committing the instant crime; and (d) the Defendant’s age, character and conduct, motive, means and consequence after committing the instant crime, circumstances after committing the crime, economic circumstances, and all other circumstances constituting the sentencing conditions specified in the records and pleadings, such as
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.