The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Summary of Grounds for Appeal

Defendant

The sentence of the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

The above sentence of the court below by the prosecutor is too unhued and unreasonable.

Judgment

The grounds for appeal by the defendant and prosecutor shall also be examined.

Since the business of the instant speculative game room is detrimental to sound labor and promoting a speculative spirit, there is a need to punish the Defendant with severe social harm, and the fact that the scale of the instant speculative game room is not small, etc. are disadvantageous to the Defendant.

On the other hand, the following facts are favorable to the defendant: (a) the confession and reflect of each of the crimes in this case; (b) the operating period of the instant speculative game room is relatively short; and (c) the defendant was punished as a crime of aiding and abetting a violation of the Act on Promotion of the same Game Industry; but (d) the fact that the defendant was sentenced to a fine before several years is merely the fact that he was sentenced to a fine. In full view of all such circumstances and other sentencing conditions including the defendant's age, character and conduct, environment, and circumstances after the crime, the lower court's punishment against the defendant is somewhat inappropriate

In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(4) In light of the above legal principles, the court below's decision on the charge of the crime and summary of the evidence and the summary of the evidence are as follows: (a) the court below's decision on the charge against the defendant and the summary of the evidence is identical to the statement in the corresponding column of the court below's judgment, except for the case where "the defendant's partial statement" in the summary of the evidence in the court below's decision is used as "the defendant's court statement". Thus, the court below's decision

Application of Statutes

1. Relevant provisions concerning facts constituting an offense;