Text
The defendant's appeal is dismissed.
Reasons
1. The 8-month imprisonment sentenced by the court below is too large and unfair.
2. The defendant committed the crime of this case again despite the history of being sentenced to suspension of the execution for the same kind of crime, and the defendant tried to set up a place of business in the underground space that is not seen externally, set up CCTV at the entrance, and set up CCTV and set up CCTV at the entrance, and set up 55 game machines for 5 days, and operated the game machine for 5 days. In light of the type of business, size, etc., the crime is not likely to be committed.
In full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, etc., the lower court’s sentencing is deemed appropriate, and it cannot be deemed that it is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.