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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (a fine of KRW 15 million, confiscation) is too unreasonable.
2. The crime of this case was discovered while the defendant displayed or stored the game machine in order to operate the illegal game room business by using the game "marine camping machine" without the permission of the competent authority, and the crime of this case is highly harmful to society, such as promoting an excessive gambling spirit for the general public and impairing sound labor awareness, etc., the crime of this case requires strict punishment in light of the fact that the nature of the crime is not easy, and that the continuous control is not eradicated despite continuous control, and the game machine provided in the game of this case is not small in size, etc., it is necessary to punish the defendant strictly.
However, in full view of the fact that the defendant recognized all of the crimes of this case and against his mistake, the period of the defendant's display or storage of the game of this case is three days only, and the period of the defendant's display or storage of the game of this case is not long, there is no record of punishment for the same crime, and there is no record of punishment for the defendant, the fairness of sentencing with the like or similar incidents, and other various sentencing conditions in the records and arguments, such as the defendant's age, family environment, and circumstances before and after the crime, the sentence of the court below against the defendant
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.