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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. The 6-month imprisonment sentenced by the original court on the summary of the grounds for appeal is too unreasonable.
2. It is evident that the crime of this case committed the crime of this case has caused serious social harm, such as encouraging a speculative spirit of ordinary people and gaining profits by using it, and ultimately causing serious property damage to users. It is evident that the game of this case was operated for one month from December 20, 2013 to January 14, 2014 in a way that the game of this case was equipped with 30 game machines and exchanged the result of the game of this case, and that the degree of the defendant's participation is not easy.
However, the following should be taken into account in light of the circumstances favorable to the defendant: (a) there is no criminal history for the defendant; and (b) there is no criminal punishment exceeding a fine in addition to the suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act (joint conflict) around 2007.
Considering the above circumstances and the overall circumstances such as the defendant's age, character and conduct, environment, criminal records, motive and circumstance, etc., the punishment sentenced by the court below is too heavy.
3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered after pleading
Criminal facts
The summary of facts and evidence recognized by the court is the same as that of the corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 44 (1) 2, Article 32 (1) 7, and Article 30 of the Criminal Act concerning the relevant criminal facts, and Articles 44 (1) 2, and 32 (1) 7 of the Act on the Selection of Game Industry;
1. As seen earlier, Article 62(1) of the Criminal Act provides for the suspension of execution.