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.

1. The punishment sentenced by the original court (one year of imprisonment, confiscation) in the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is a criminal that has caused serious social harm, such as encouraging a speculative spirit of ordinary people and gaining profits by using it, and ultimately causing serious property damage to the users. The defendant, as the owner of the game of this case, installed a 40 game machine as the owner of the game of this case and employed 6 employees in exchange for money, operated the game of this case, and operated the game of this case. The amount of money exchange from the date the game of this case was discovered to the 15 million won, etc. The sales of the game of this case, such as the amount of money exchange to the 15 million won, seems to be considerable. There are various circumstances where the crime of this case, such as the crime of this case, is committed in a state where the entrance of the game of this case was corrected, with employees who are managing customers' entry, and with considerable human and physical facilities

However, the term of operation of the game room of this case is only about two weeks, the defendant's wrong recognition and reflects the attitude of the defendant through confinement life for a considerable period of time, the defendant has no record of punishment for the same kind of crime, and the defendant has no specific criminal records other than the punishment of fines twice due to driving without a drinking license, etc., should be taken into consideration in light of the circumstances favorable to the

Considering the above circumstances and the overall circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment sentenced by the court below is too heavy.

3. In conclusion, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and the following decision is rendered after pleading

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding part of the judgment of the court below.