The judgment of the court below is reversed.

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

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

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the punishment of 8 months sentenced by the defendant is too unreasonable.

2. The crime of this case is recognized that the Defendant provided game products with contents different from the ratinged game products, which interfere with the citizens’ sound sense of work, and thus requires strict punishment as it does not eradicate large and continuous control. In light of the size and operating method of the game of this case, it is recognized that the issue is not less complicated.

However, in full view of the following circumstances: (a) the period during which the Defendant operated the game of this case was relatively relatively long; (b) the Defendant recognized all the crimes of this case and reflected his mistake; and (c) there was no past history of having been punished for the same kind of crime or having been sentenced to a suspended sentence or heavier punishment; and (d) the Defendant’s age, environment, family relationship, occupation, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s punishment is unreasonable.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal of this case is with merit, and the following decision is rendered after pleading.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Game Industry Promotion, and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., circumstances favorable to the defendant in determining the grounds for appeal);

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

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;