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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The judgment of the court below on the assertion of unfair sentencing by the defendant has a record of being punished four times for the same kind of crime in 2007 and 2009. The crime of this case is committed during the suspension period of execution for the same kind of crime. The crime of this case is highly likely to cause social harm by encouraging the defendant's excessive speculative spirit in the process of operating the game room and exchanging the result of the crime of this case, and hindering the people's sound labor consciousness, etc., and the defendant escaped from the examination of the reality of warrant around March 2011. However, it is unfair to determine that the court below has committed the crime, while considering the circumstances that the defendant recognized the crime, and reflects the mistake, it should consider the equality of punishment against accomplice E, F, G, and H, and other favorable circumstances such as the fact that the business period of the game room is relatively short, and considering all the records and arguments of this case, such as the size of business and profits of the game room, the defendant's age, character and behavior, health, home environment, circumstances before and circumstances before and after the crime.
2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of Game Industry, Article 30 of the Criminal Act, the choice of imprisonment, and the choice of imprisonment;