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The prosecutor's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of imprisonment with prison labor for a period of ten months) is too unhued and unfair.
2. In light of the fact that the Defendant was sentenced to the suspension of indictment for a suspected violation of the Game Industry Promotion Act in 2008, and the crime of aiding and abetting a violation of the Game Industry Promotion Act in 2012, the Defendant was punished by a fine of KRW 1.5 million. Each of the crimes of this case is recognized as an unfavorable element of sentencing, such as the following: (a) the Defendant, as an employee of the game room, had the Defendant escape from the game by means of the method of pretending as being unemployed when he was imprisoned while facilitating the operation of the illegal game room; and (b) the Defendant had operated the illegal game room by driving the illegal game room on his own; (c) the Defendant was under control; and (d) he was running the illegal game hall by moving the place to another place; and (d) the nature of the crime is not somewhat weak; (d)
However, it is also recognized that there are more favorable factors of sentencing such as the fact that the defendant reflects his mistake in depth, that the defendant has no record of being punished more than a suspended sentence, that the period of operation of the illegal entertainment room is relatively short, and that the scale is not much significant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, health condition, motive, means, and result of the crime, circumstances after the crime, and the confinement period due to each of the instant crimes, etc., the lower court’s punishment cannot be deemed unreasonable because it is too uneasible.
Therefore, the prosecutor's argument of unfair sentencing is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.