The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

1. The sentence of imprisonment (10 months, confiscation and collection) imposed by the court below on the summary of the reasons for appeal is too unreasonable.

2. The instant crime was committed by the Defendant with 50 game machine and operated by a game room in cash for about two months. The Defendant, as the proprietor of the game room, is likely to criticize the Defendant, by means of a secret game method allowing entry, after checking customers through electricity while correcting the entrance door of the game room, as the proprietor of the game room.

However, considering the fact that the defendant led to the crime of this case, there is no criminal conviction exceeding the same criminal record and fine for the defendant, the defendant appears to have been given an opportunity to reflect significantly while living in custody for about five months in this case, the game itself of the crime of this case was subject to normal grade classification, the defendant has a family member to be supported and has a clear social relation with the defendant, and all the conditions of sentencing as shown in the records and theories of changes, such as the age, sexual behavior, environment, etc. of the defendant, the punishment imposed by the court below is unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by this court is as stated in the corresponding column of the judgment of the court below, except that the defendants' "the defendants" of the 16 criminal facts and the summary of evidence as stated in the 16 criminal facts are "the defendants" as "the defendants". Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 1 and Article 28 subparagraph 2 of the Act on the Promotion of Alternative Game Industry, Article 30 of the Criminal Act concerning criminal facts, Article 44 (1) 2 of the Act on the Promotion of Speculative Acts by Using Game Water, and Article 30 of the Criminal Act.