The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that this judgment.

1. The summary of the grounds for appeal (ten months of imprisonment, confiscation, and collection) of the lower court’s punishment is too unreasonable.

2. The judgment of the court below is based on the following facts: although the crime of this case was committed by the defendant while operating the game room, and the crime of this case was committed by the defendant in a manner unfavorable to the defendant, considering the nature and nature of the crime and the size of the game room, and the frequency of money exchange, etc., the crime of this case is deemed to be less than that of the defendant when all the facts of each crime of this case were committed, and it seems to be against the defendant's wrongness and health conditions, and there is no criminal power of the same kind in this case, and there is no criminal power of the same kind in this case, and it seems that the defendant's family and person wished to take a preference to the defendant, and they were living faithfully, not just because they were punished once by a fine after 1987, and they were committed in good faith. In addition, considering all the sentencing conditions in the records and arguments of this case, such as the defendant's age, character, family environment, motive, means and result of the crime, and the situation after the crime, it is too unfair.

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

【Discied Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection and Promotion of the Game Industry and the Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Matters concerning confiscation and collection promotion of the game industry;