The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is too unreasonable that the confiscation of the seized articles and the collection of 7.5 million won, which were sentenced by the court below, are too unreasonable.

2. Each of the instant offenses is acknowledged that the Defendant committed speculative acts using the game products that was not rated, and that it is necessary to strictly punish the instant case in light of the size of the instant game site and the operating method using iron bars, etc.

However, in full view of the following circumstances: (a) the period during which the Defendant operated the game of this case was relatively relatively long; (b) the Defendant recognized all the crimes of this case and reflected his mistake; and (c) there was no past history of having been punished for the same kind of crime or having been sentenced to a suspended sentence or heavier punishment; and (d) the Defendant’s age, environment, family relationship, occupation, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal of this case is with merit, and the following decision is rendered after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of facts constituting an offense, Articles 44 (1) 2 and 32 (1) 1 (a) of the Act on the Promotion of the Game Industry which has not been classified) concerning the selection of punishment, Articles 44 (1) 2 and 32 (1) 7 (a) of the Game Industry Promotion Act, and the selection of imprisonment, respectively;

1. Aggravation for concurrent crimes;