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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The sentencing of the lower court (one year of imprisonment, confiscation, and collection) is too unlimited and unfair.
2. In light of the seriousness of the social harm and harm of the game product that was not classified as a game product, in particular, the business of the illegal game room through the speculative program such as the crime of this case, in light of the fact that it is inevitable to severely punish the game game site of this case in light of the social harm and harm, such as promoting the gambling spirit of the general public, undermining the will to work and continuously causing property loss, and undermining the economic distress, etc., the size of the game site of this case is small, and the number of seized game machines is not short of the business period, etc., the defendant is committed against the defendant's mistake while recognizing all of the crimes of this case, and there is no history of punishment before the defendant, there is no history of punishment for the same kind of crime, and there is no history of criminal punishment for the past ten years, equality with the punishment of the similar similar case, there is family members to support the defendant, and other factors, including the defendant's family members, the defendant's motive and circumstances after the crime of this case, the defendant's age of the crime of this case, and various circumstances.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 44 (1) 2 of the relevant Act on criminal facts and Article 44 of the Act on the Selection of Punishment and Promotion of Game Industry;