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The judgment below
The remainder except for the portion collected as a penalty shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
(b).
Reasons
1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment, additional collection 2950,000 won) is too unreasonable.
2. The crime of this case committed by the Defendant in collusion with other prize defendants in operating the game room, providing customers with game products different from the rating contents, and exchanging the gift chips obtained by customers through the use of the game in cash, and the illegality of the act is not weak.
Moreover, considering the fact that the Defendant committed the instant crime on January 13, 2010 and until he was arrested on March 7, 2015, which caused considerable hindrance to the investigation of the Defendant, and that there was only one time of punishment, three times of suspended execution, and four times of fine prior to the instant crime, it is necessary to punish the Defendant strictly.
However, from the time of the first investigation, the defendant seems to have committed the crimes in this case, and to have taken a depth of his mistake.
Furthermore, the Defendant had been relatively short of the period of running the illegal game room business of this case for five days, and accordingly, did not seem to have significant criminal proceeds.
This is because there was no criminal record of the defendant, and there was no record of being sentenced to the punishment of the suspension of execution or more after around 2007, and around March 2014, it is in need of continuous medical treatment after receiving the diagnosis of the certificate of the close of the depression. The health condition of the defendant, such as suffering from injury, such as the right-side in the face of the accident, the heart of the heart and the skin damage, is not good, recently the defendant put his up for the recent time, such as the proliferation treatment and the operation to cut off the flady, the maternity surgery to cut down the flady, and the maternity surgery to cut down the flady, and other health conditions, such as the defendant's age, character, character, intelligence, environment, motive for the crime.