The judgment of the court below is reversed.

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

except that, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal: The punishment imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. The crime of this case, by promoting a large number of unspecified gambling, is likely to impede their sound work consciousness and lead to the failure of home economy, and the crime of this case is not good in light of such social harm and injury.

The game machine used for the crime of this case reaches 60 vehicles.

Defendant employed B for a separate exchange, and had B exchange at a separate place away from the game site of this case.

The amount of cash confiscated in the game of this case is large.

These circumstances are disadvantageous to the defendant.

However, the Defendant recognized all of the instant crimes and is in profoundly against the Defendant.

In addition, the defendant has no other history of punishment except for punishment as a fine, and there is no record of the same crime.

These circumstances are favorable to the defendant.

In addition, in full view of the defendant's age, occupation, character and conduct, environment, family relationship, motive and background of the crime of this case, means and consequence of the crime of this case, and all of the sentencing conditions shown in the records and arguments, the punishment of the court below is deemed unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

【Reasons for the Judgment of the Supreme Court which has been written] Criminal facts and the summary of the evidence, and the summary of the evidence, are the same as the entries of the judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

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 Game Industry, and Article 30 of the Criminal Act (generality and choice of imprisonment);

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

1. Probation;