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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.
Reasons
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. The judgment of the court below is based on the following facts: although the game of this case and money exchange had been exposed to the size of the game of this case and the first business, as shown in the circumstances unfavorable to the defendant, the nature of the crime and the circumstances of the crime are not less than 4 days after the date of detection and re-operation of the same game place; however, the defendant is deemed to have committed the crime of this case in depth and actively cooperated with the investigation after the detection, and it seems that the defendant committed any crime of this case, and he did not commit any specific act of crime for about 10 years after 2009, and it seems that he had lived faithfully with the defendant's age, character and conduct, family environment, motive, means and result of the crime of this case, and all of the sentencing conditions in the records and arguments of this case, such as the circumstances after the crime, are relatively insignificant compared to the co-defendant of the court below.
3. In conclusion, the part of the judgment below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is with merit, and it is again decided as follows.
【Discied Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369
Application of Statutes
1. Article 45 of the relevant Act on criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Promotion of the Game Industry Act, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 7 of the Promotion of respective Game Industry Act, Article 30 of the Criminal Act, respectively;