The judgment of the court below is reversed.

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

Nos. 1 through 9 of seized evidence shall be charged to the defendant.

1. The summary of the grounds for appeal (ten months of imprisonment, confiscation, and collection) of the lower court’s punishment is too unreasonable.

2. In light of the fact that an illegal game room business, such as the crime of this case, in the form of the crime of this case, is highly harmful to society, such as encouraging a general public’s gambling spirit and failure of home economy, etc., in the past, the Defendant, even though having been punished twice in relation to illegal game room business, is going to commit the crime of this case again, and the risk of recidivism is high in light of the Defendant’s criminal history and character and conduct, etc., it is inevitable to punish the Defendant with punishment.

However, the defendant shows an attitude of recognizing and opposing all the crime of this case, and it seems that he did not participate in the exchange of premiums obtained through the use of game products against customers, and in addition, considering the sentencing conditions of the defendant's age, character and conduct, and environment, it is reasonable to view that the punishment of the court below is somewhat heavy.

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 facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article on criminal facts, Article 44 (1) 1-2, subparagraph 3 of Article 28 of the Act on the Promotion of the Game Industry Selection and Punishment (the occupation of a speculative tank), subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act (the occupation of a game product, the contents of which are different from those of the game product rated), and 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;

1. The former part of Article 44(2) of the Confiscation Industry Promotion Act and Article 48(1)1 of the Criminal Act;