The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. The decision of the court below on the summary of the reasons for appeal (one hundred months of imprisonment, confiscation and collection) is too unreasonable.

2. The crime of this case is likely to cause severe social harm, such as promoting a speculative spirit to the general public and undermining sound labor awareness, and thus, it is necessary to strictize it. The Defendant, as the owner of the game of this case, operates the game hall in an extremely secret manner, such as allowing entry by checking customers through electricity while correcting the door door as the owner of the game of this case.

However, in full view of various circumstances, including the Defendant’s age, sexual conduct, motive and background of the instant crime, and circumstances after the instant crime, which are the conditions for sentencing as shown in the records and pleadings, the lower court’s sentence that sentenced the Defendant to imprisonment is somewhat unreasonable and unreasonable. In so doing, it is recognized that the Defendant’s punishment is somewhat unreasonable.

3. In conclusion, the part of the judgment below against the defendant among the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is justified, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 44 (1) 2 and Article 32 (1) 7 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act ( considered in favor of the aforementioned circumstances);

1. The community service order under Article 62-2 of the Criminal Act;

1. The confiscation industry promotion;