The judgment of the court below is reversed.

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

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The Defendant, as the actual business owner of the instant game room, directly managed the instant game room; the game result was found to have been exchanged to exchange the game result and run an illegal game room business providing the game that did not receive a rating; the operation of the illegal game room, such as the instant crime, is likely to instigate an excessive speculative spirit and undermine sound labor awareness, and thus, there is a need for strict punishment for such an act is disadvantageous to the Defendant.

However, in full view of the favorable circumstances, such as the fact that the defendant's mistake is recognized and future, that the defendant did not have any criminal records exceeding the same criminal records or fines, and other factors of sentencing as shown in the records and arguments, such as the circumstances and contents of the crime of this case, the defendant's age, character and conduct, family relationship, environment, occupation, etc., the sentence of the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in each corresponding column in the holding of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 2, Article 32 (1) 7, Article 30 of the Criminal Act, Article 44 (1) 2, Article 32 (1) 2, and Article 32 (1) 1 of the Promotion of Game Industry Act, Article 32 (1) 1 of the Criminal Act, Article 30 of the Criminal Act concerning criminal facts, the selection of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;