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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal is unreasonable because the punishment of one year imprisonment sentenced by the court below is too unreasonable.
2. The crime of this case committed by the Defendant is an act that makes it easy for the general public to promote an excessive speculative spirit, and thus is an act that has to be eradicated and eradicated with serious social harm. In light of the content, method, and result of the crime, the nature of the crime is not weak, and the crime committed by the same or similar crime has a record of being punished two times in around 2009 and around 201, and the circumstances unfavorable to the Defendant are recognized.
However, the defendant stated that he/she is guilty of the crime of this case and is against his/her mistake when he/she was in the trial, that he/she faithfully pays a surcharge and does not repeat the crime of this case again in the trial, that there is no previous conviction beyond the fine, that the period of operation of the illegal game place is less than 23 days, and is less than 40 game machines installed in the place of business, and the large scale of business is less than 23 days, that he/she has sufficient business opportunity through confinement for about 6 months, that he/she has dependents, that he/she has dependents, that he/she has his/her dependents, that he/she wants to take care of the defendant's age, character, character, intelligence and environment, the motive, means and result of the crime of this case, business profit, circumstances after the crime, family relations, status of criminal records, etc., the judgment of the court below is justified, and the defendant's assertion that the punishment of this case is inappropriate.
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, and the judgment below is ruled as follows.
Criminal facts
The summary of the evidence and facts constituting the crime recognized by the court and the evidence related thereto.