The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The crime of this case is committed by the defendant with speculative machines against many and unspecified persons for business purposes, and there is a strict punishment as to causing serious social harm, such as encouragement of excessive gambling to the general public. However, considering the fact that the defendant is against the defendant and there is no record of punishment for the same kind of crime, and the defendant's character, environment, age, motive, circumstance, means and consequence of the crime, size of the game room and operation period, circumstances after the crime, etc., the punishment of the defendant is inappropriate.

3. The judgment of the court below is reversed in accordance with the conclusion, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below, thereby citing them as they are.

Application of Statutes

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Crimes under Relevant Provisions and Special Cases concerning the Speculative Acts, etc. concerning the Selection of Punishment;

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the ground for reversal);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;