The judgment of the court below is reversed.

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

The sea-going game machine that has been seized.

The summary of the grounds for appeal (unfair punishment) of the court below's sentence (one year of imprisonment and two years of suspended execution) is unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant confessions the instant crime and reflects his mistake in depth; (b) there is no record of being punished for the same kind of crime; and (c) there is no particular criminal power over the past 20 years; and (d) it seems difficult for the Defendant to take into account

However, the crime of this case is also not good, in full view of all the sentencing conditions such as Defendant’s age, character and conduct, environment, and circumstances before and after the crime of this case, the sentence of the court below, which suspended the execution of imprisonment, is deemed to be too unjustifiable, and thus, is deemed to be unfair, in full view of the following: (a) the Defendant committed the crime of this case by displaying, keeping, or providing 60 to customers a typical electronic game machine, which is a typical electronic game machine, in order to provide customers with 60-80 games; and (b) the Defendant committed the crime of this case; and (c) the Defendant employed several employees to operate the illegal game site; and (d) installing and controlling the game site externally; and (e) compared to the regulations.

As the appeal by the prosecutor is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 30(1)1 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. under the relevant laws on criminal facts (the act of engaging in speculative acts as a business by using speculative gaming devices), Article 44(1)1 of the Promotion of Game Industry Act, and Article 28 Subparag. 2 of the Act on Promotion of Game Industry (the act of allowing the speculative acts by using game products) and each of the promotion of the game industry.