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 decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is deemed to have been committed on a three-month basis by the Defendant by installing a 60-month game machine and operating an illegal game room and exchanging the results thereof. The business of the illegal game room is in need of strict punishment by promoting the general public’s spirit of gambling and neglecting the home economy. It is recognized that the Defendant has a large number of criminal records, such as probation two times due to the crime of this paper, a fine four times due to the crime of this case, etc., but the Defendant has a large number of criminal records, such as the Defendant committed a crime of this case. However, considering the fact that the Defendant committed a crime of this case, he was committed against his mistake through detention for a five-month period, the Defendant did not have any criminal records or criminal records, the Defendant’s age, character and conduct, and the circumstances before and after the crime, the Defendant’s punishment imposed on the Defendant is somewhat inappropriate

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

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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. Articles 44 (1) 1 and 28 subparagraph 2 of the Act on the Promotion of Game Industry related to criminal facts, Article 30 of the Criminal Act, Articles 44 (1) 2 and 32 (1) 7 of the same Act, Article 30 of the Criminal Act, the selection of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 44 of the Confiscation Industry Promotion Act;