The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence of the court below (one year of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the game room business of this case is deemed to have a great social hazard, such as encouraging a speculative spirit of citizens and hindering sound labor awareness; (b) the Defendant was punished by a fine for the same kind of crime; (c) the Defendant confessions and reflects the instant crime; (d) the operating period of the instant game room is relatively short; (c) the foregoing same kind of crime was caused by a relatively old crime; and (d) other sentencing conditions, such as the Defendant’s age, character and conduct, environment, size of the instant game room, criminal records, and circumstances after the crime, etc., the lower court’s punishment is deemed to be somewhat inappropriate, and thus, the Defendant’s above assertion

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

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by this court and the summary of the evidence are as follows, except where the "written statement of the defendant in the first trial record" in the summary of the evidence written by the court below is used as "written statement by the defendant", and thus, it is identical to each corresponding column of the court below's judgment. Thus, it is accepted in accordance with Article 369 of the

Application of Statutes

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Specific Crimes, Regulation of Speculative Acts, etc. concerning Punishment of Speculative Acts, Article 30 of the Criminal Act, Article 44 (1) 2 and Article 32 (1) 1 of the Game Industry Promotion Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, and Article 30 of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. concerning Punishment of Specific Crimes;

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

1. A confession under Article 62 (1) of the Criminal Act shall be made;