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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Seized No. 1.
Reasons
1. The punishment of one and half years of imprisonment sentenced by the original court in the summary of the grounds for appeal is too unreasonable.
2. The crime of this case was committed in a manner that promotes a speculative spirit of ordinary people and makes profits from it, while ultimately causing serious social harm to users, such as causing serious property damage, and the defendant was punished twice by a fine under the Act on the Promotion of the Game Industry which operated a game site in around 2007 and exchanged merchandise coupons, and the crime of this case was committed during the period of repeated crime due to a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. (In the judgment of the court below, the crime of this case was committed during the period of repeated crime due to the previous offense of violating the Act on the Promotion of the Game Industry which operated the game site in around 2007, and the defendant operated the game site in a way that he was equipped with the 40 game machine which was not classified and exchanged the result of the crime, and operated the game site in a way that he was able to conceal the crime by installing CCTV on the face, and even if he was given an instruction to deny the defendant's false operation of the game site, it is difficult to criticize or criticize the crime of this case.
However, the period of operation of the game room of this case itself is about 12 days, the defendant took the attitude of admitting and reflecting the error in the trial, and the criminal records of the above repeated crime and the criminal records of suspended execution are about crimes that completely differ in the quality of the crime in this case, etc. must be taken into consideration in light of the circumstances favorable to the defendant.
The above circumstances and other circumstances include the defendant's age, character and conduct, environment, criminal records, motive and circumstances after the crime.