2. The fact that the Defendant did not have any previous error, that the game machine was entirely confiscated as it was controlled before commencing the game room business in full, and that it seems that there was little profit from the instant crime is favorable to the Defendant.

However, the lower court appears to have determined a sentence by fully taking into account such circumstances, and there is no change of circumstances that may change the punishment of the lower court following the pronouncement of the lower judgment, and crimes related to the provision of the use of illegal game products and the operation of the illegal game room need to be severely punished by severe social harm, such as encouraging a general public’s spirit of gambling, and failure in home economy. Considering the various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime committed against the game site of this case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is heavy.

3. In conclusion, 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. It is so decided as per Disposition.

[However, in the application of the judgment of the court below, the phrase “before the amendment by Act No. 11785, Nov. 23, 2013” is corrected as “before the amendment by Act No. 11785, May 22, 2013.”