The defendant's appeal is dismissed.

All the costs of the trial by the original instance and the trial by the party shall be borne by the defendant.

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The judgment that the Defendant recognized the instant crime and that the Defendant’s health condition is somewhat inappropriate is considered favorable to the Defendant.

However, in full view of the following: (a) the Defendant’s act of operating the “PC room” of the instant crime, providing customers with contents different from the game items classified as the rating in order to enhance speculation, and the period of acquiring illegal profits is about three months; (b) the Defendant was subject to criminal punishment as well as having been sentenced to a fine due to gambling in the past; and (c) the Defendant’s age, sexual conduct, environment, family relationship, and the amount of criminal proceeds acquired by the Defendant, the lower court’s sentencing is too excessive and thus, cannot be deemed unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit, and is dismissed in accordance with Article 191 (1), Article 190 (1), and the main text of Article 186 (1) of the Criminal Procedure Act on the grounds that all of the costs of the trial by the court below and the court below are to be borne by the defendant (Provided, That it is evident that the court below omitted "Article 48 (1) 1 of the Criminal Procedure Act of 1. Confiscation" between the five and six acts (Article 25 (1) of the Rules on the Criminal Procedure).