The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, for six months of imprisonment imposed by the defendant.

2. Each of the instant offenses is acknowledged that the Defendant committed a speculative act by using the game products for which rating classification was refused, and that it is necessary to strictly punish the instant game since the Defendant’s commission of such speculative act is detrimental to the citizens’ awareness of sound labor and its great and continuous control is not eradicated. In light of the size and method of operation of the instant game site, the issue is not easy.

However, in full view of the following circumstances: (a) the period during which the Defendant operated the game of this case was relatively relatively long; (b) the Defendant recognized all the crimes of this case and reflected his mistake; and (c) there was no past history of having been punished for the same kind of crime or having been sentenced to a suspended sentence or heavier punishment; and (d) the Defendant’s age, environment, family relationship, occupation, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is unreasonable.

Defendant’s assertion is with merit.

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

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting a crime, Articles 44 (1) 2 and 32 (1) 4 (the point of providing game products) of the Act on the Promotion of the Game Industry, Articles 44 (1) 2 and 32 (1) 7 (the point of returning) of the Act on the Promotion of the Game Industry, and the choice of imprisonment, respectively;

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

1. Article 62 of the Criminal Act: