The defendant's appeal is dismissed.

Summary of Grounds for Appeal

A. Of the instant crime of misapprehension of the legal doctrine, as to the part that the Defendant installed and provided for the use of unspecified customers by setting up “Jringa” game products for which the Defendant was not rated by the Game Industry Management Committee (hereinafter “instant game products”), the instant game products were controlled by the method of verifying whether the police officers were paid and executed in Google, instead of confirming the certificate of deliberation issued by the Game Rating Committee unlike the existing game products. The Defendant confirmed that the said game products were paid at least five minutes prior to the control, and thus, the Defendant was aware that the said game was lawful game, and thus, the Defendant did not have any criminal intent.

Nevertheless, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged based on the evidence duly adopted and examined by the court below and the trial court. ① The defendant, as a person having two previous convictions of the same kind, seems to have been fully aware that the game of this case was similar to those of the art. 2. Nevertheless, the defendant did not ask the Game Management Committee about whether the game of this case should be rated, if so, whether the game of this case was rated or not, if so, whether the game of this case was rated by the game of this case. ③ The defendant operated the game room in which the game of this case was established with trust on the method of regulating the game of this case, and ③ the defendant argued that the method of regulating the game of this case was sound, but this is only one of the methods adopted by the investigative agency for the convenience of investigation.