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The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.
2. The following can be considered in light of the circumstances favorable to the Defendant: (a) the Defendant recognized the offense and divided the mistake; and (b) there is no criminal conviction for the first offense.
However, the operation of the illegal game room is highly harmful to society by encouraging excessive speculative spirit for the general public, and it is difficult to eradicate continuous crackdowns, so there is a need to strictly punish the defendant, and the fact that the period of operation of the game room in this case is not shorter than the period, etc. are disadvantageous to the defendant.
In this context, considering the following factors: Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., various conditions of sentencing, including circumstances after the crime, and the fact that the lower court has reasonably reduced the amount of fine for the summary order, the sentence imposed by the lower court is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.