The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The defendant above.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 7 million) is too unreasonable.

2. In the instant case where the Defendant was an employee in the illegal game room and carried on the business of caution, it is disadvantageous that the Defendant was sentenced to a fine of three million won for the same criminal record and subsequently re-offending in the short term.

However, in full view of all of the sentencing conditions in the instant case, including the fact that the Defendant is recognized and against all of the instant crimes, the fact that the period of time for the Defendant was not long in the illegal game site, and the Defendant’s age, sexual conduct, environment, circumstances and result of the instant crimes, etc., the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 1 and Article 28 of the Act on the Promotion of Alternative Game Industry; Article 32 (1) of the Criminal Act (referring to aiding and abetting businesses that use game water); Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act; Article 32 (1) of the Criminal Act (referring to aiding and abetting businesses that use game products); Articles 45 (4) and 32 (1) 2 of the Game Industry Promotion Act; Article 32 of the Criminal Act (referring to aiding and abetting businesses that exchange game products); Article 45 (1) 4 and 32 (1) 2 of the Game Industry Promotion Act; Article 32 (1) of the Criminal Act (referring to aiding and abetting businesses that use game products that are different from the rating classification); Article 32 (1) of the Criminal Act (the selection of fines);

1. Article 32 (2) of the Criminal Act mitigated by law;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for appeal for sentencing under Article 334(1) of the Criminal Procedure Act.