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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The defendant is divided into and reflected in the crime of this case.
It seems that the period of the defendant's operation of the illegal game room is short, and there is no substantial benefit from the crime of this case.
The equity should also be taken into consideration where the defendant received a judgment concurrently with the criminal facts entered in the first head of the judgment of the court below.
Circumstances unfavorable to the defendant are as follows:
The crime of this case is operated by the head of an illegal game room, such as installing and operating game water different from the contents of the defendant's rating, and exchanging the result to users. Such an act is highly harmful to society by encouraging excessive gambling spirit to the general public and impairing the awareness of sound labor.
The size of the illegal game room operated by the defendant is not small.
The defendant has been sentenced to a suspended sentence of imprisonment and a fine for the same kind of crime in 2009 and 2011.
Upon the occurrence of the instant crime, the Defendant paid consideration to G, who was the offender, and used the operator of the illegal game funeral to make a false confession as G, not the Defendant.
In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.