Text
Defendant
The appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) is too unreasonable.
2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there is no record of punishment for a sentence until now; (c) the degree of recognition of illegality of the Defendant’s game room business is somewhat low since money exchange is not associated with; (d) the Defendant’s closure of the game room and the reexamination of the game room are likely to not commit the same crime; (e) the Defendant appears to be healthy; and (e) the Defendant appears to support his/her wife and children.
However, in light of the fact that the crime related to illegal game farms is highly harmful to society, such as promoting an excessive gambling spirit of the people and hindering sound labor awareness, and the crime of this case is not somewhat weak in light of the period, scale, etc. of the game room operation, and all of the sentencing conditions, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the sentence of the court below is not deemed unfair.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition, and pursuant to Article 25(1) of the Regulation on Criminal Procedure, the third part of the judgment of the court below shall be corrected to “the first part of Article 44(2) of the Game Industry Promotion Act and Article 48(1)1 of the Criminal Act”