1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a term of one year and two months; and

3. Six (6) identification cards of seized hard disks.

1. The summary of the grounds for appeal (a year, six months of imprisonment, and confiscation) by the court below is undue.

2. In the past, even though the defendant had been punished for committing the crime of violation of the Game Industry Promotion Act, there were unfavorable circumstances such as the fact that he again committed the crime of this case, and instigated a criminal escape by means of carrying the name and branch office, and the size of the illegal game room and the period of operation is not shorter than the period of operation. However, the punishment of the court below is recognized to be unfair by taking into account the favorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime, and circumstances after the crime, etc.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows. The summary of the facts charged and the evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the addition of “1. Defendant’s trial statement” to the summary of the evidence as to the facts charged of the crime of the 3 and 4 as indicated in the judgment of the court below (the original case No. 2014 high-class 112).

Application of Statutes

1. Contents of the relevant criminal facts, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Promotion of the Game Industry Selection and Punishment, Article 30 of the Criminal Act, Article 45 subparagraph 4 and Article 32 (1) 2 of the Game Industry Promotion Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act;