The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

The summary of the grounds for appeal (unfair punishment) sentenced by the court below is too unreasonable.

Judgment

In light of the fact that the instant crime was committed as a business of installing game products that was not rated by the Defendant and exchanging the results obtained therefrom, and the nature of the crime and the circumstances of the crime are significant. Such money exchange act is highly harmful to the society by encouraging the general public to commit an excessive speculative spirit, and there is a need for strict punishment because it is not eradicated despite continuous control.

However, in full view of the following factors: (a) the Defendant made a confession of all crimes; (b) the Defendant reflects his mistake during the period of detention for a period of two months; (c) there is no record of crime other than the punishment by a fine; and (d) there is no profit from the instant crime; and (c) the Defendant’s age, character and conduct, environment; (d) motive and background of the instant crime; and (e) the scale of the instant game room and operating period, etc., the lower court’

Therefore, since the defendant's appeal is well-grounded, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Article 44 (1) 2, Article 32 (1) 1 and 7 of the Act on the Selection of Punishment and Promotion of Game Industry, Article 30 of the Criminal Act concerning criminal facts, Article 44 (1) 1 and 32 (1) 1 of the Act on the

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

1. Article 62 (1) of the Criminal Act;

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

1. Article 44 (2) of the Confiscation Industry Promotion Act;