The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

from the defendant.

1. When considering various circumstances against the defendant in light of the summary of the grounds for appeal, the punishment of the court below (two months of imprisonment, confiscation, and surcharge 48.6 million won) is too unreasonable.

2. In light of the fact that the Defendant, unlike the content of the rating classification, provides customers with a dogmatic or altered game products, and operates an illegal game room by exchanging the results obtained through the game; the size, business period, and profits of the game room operated by the Defendant; the business of the illegal game room is considerable; and the business of the above illegal game room is encouraging the general public to commit an excessive speculative spirit and is not eradicating a large and continuous control over society, the Defendant shall be subject to strict punishment.

However, in light of the fact that the defendant is prone when committing the crime in this case, the defendant has no criminal records of the same kind, there is a family member to support the defendant, balance of sentencing with the same kind of case, etc., taking into account other factors such as the defendant's age, character and conduct, environment and circumstances before and after the crime in this case and all of the sentencing conditions specified in the records and arguments, the court below's punishment is somewhat inappropriate, and thus, the defendant's argument is reasonable.

3. Thus, the part of the judgment of the court below against the defendant in accordance with Article 364 (6) of the Criminal Procedure Act is reversed as 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 by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of facts constituting a crime and subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of Alternative Game Industry (the provision of game products, the provision of which is different from those of the game products whose classification has been obtained, and the selection of imprisonment);