Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
Seized No. 1.
Reasons
1. The summary of the grounds for appeal (ten months of imprisonment and confiscation) of the lower court is too unreasonable.
2. The act of running the illegal game room business is in need of strict punishment by promoting a speculative spirit of the general public and undermining the will to work, etc. The defendant, while having made the entertainment room business of this case by introducing L in an investigative agency, he stated that L was not well aware of L's contact address, etc., but upon being detained in the court below, requested L to request the notice of detention at the court below, but on the date of the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial, the defendant should be sentenced to the punishment in light of the attitude that "L is only known to the degree of face only after the society," and considering the fact that the circumstances after committing the crime are not good.
However, in full view of the fact that all of the crimes in this case are recognized and reflected by the Defendant, and there is no record of punishment for the same kind of crime, and that the Defendant’s health status is not good due to urology, incinology, and liver infection, and other conditions of sentencing indicated in the records, such as the Defendant’s age, character, conduct and environment, the sentence of the lower court seems to be somewhat unreasonable
3. In conclusion, the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and this part is remanded to the court below as follows.
Criminal facts
The summary of the facts and evidence admitted by the court against the defendant is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the facts constituting a crime and subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Punishment and Promotion of Game Industry;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;