The judgment of the court below is reversed.

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

provided, however, that the sentence shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the gist of the grounds for appeal by the defendant is too unreasonable;

2. The crime of this case is found to be disadvantageous to the defendant, such as the fact that the defendant provided users with an illegal dog or altered game machine for the expression of “for example,” at the game room operated by him/her, and such crime is not easy in light of the seriousness of the social harm and harm, such as promoting a speculative spirit of the general public and undermining the will to work, etc.

However, in full view of the following factors: (a) the Defendant confessioned the instant crime and divided his mistake; (b) the Defendant was finally punished for the same offense in 1998, which is relatively old; (c) the Defendant was detained on the day of the lower judgment’s declaration on July 24, 2014 and detained for two months; (d) the Defendant appears to have an opportunity to reflect his mistake; and (e) the Defendant’s equity in sentencing with similar cases, the Defendant’s age, character and conduct, the motive and method of the instant crime, and other various factors that may serve as conditions for sentencing, such as the circumstances after the commission of the instant crime, are deemed to be too heavy.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The substance of the facts charged and the summary of the evidence admitted by this court are identical to the facts charged in the judgment of the court below, except where the 10th "New Daily Keeping" in the facts charged in the judgment of the court below is deemed as "New Daily Keeping" and thus, it is also cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of facts constituting a crime and Article 45 subparag. 4 and Article 32 of the Act on the Selection of Punishment and Promotion of Game Industry;