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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment and confiscation) is too unreasonable;
2. As to the crime of this case, an illegal game room business in the form of exchanging premiums obtained through the use of a game product not classified in cash, such as the crime of this case, requires a severe warning to the Defendant, by promoting the public’s spirit of gambling and failure in home economy.
However, while the defendant's participation in illegal gambling game business and did not repeat again, the unemployment of the game room of this case was the "E head" and the situation he knows about the participation in the crime of this case, such as the circumstances that he knew about. In addition, the defendant supports the same crime, the old mother who is suffering from criminal punishment during the last ten years, the old mother who is suffering from brain scambling, and the old who is suffering from brain scambling through postnatal care, and is working at the construction site of apartment apartment interior, and it seems that there is little risk of recidivism. In addition, considering the motive and background of the crime of this case, the degree of the defendant's participation in the crime of this case, the age, character and conduct, and the environment, the sentence imposed by the court below is too unreasonable.
3. In conclusion, the part of the judgment of the court 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.
Criminal facts
The summary of the facts charged and the evidence against the defendants recognized by this court is identical to each corresponding part 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. Article 44 (1) 2 and Article 32 of the Act on the Promotion of Game Industry concerning criminal facts;