The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant has several criminal records of imprisonment with prison labor; the crime of this case is a crime that causes the failure of the general public by promoting an excessive speculative spirit, and the nature of the crime is not good; the operating scale of the illegal game of this case is not small; and the Defendant appears to have not actively cooperated with the investigation of the investigative agency; and there are unfavorable circumstances, such as the Defendant’s failure to cooperate with the investigative agency.

However, taking into account the following circumstances: (a) the operating period of the instant game room is less than 30 days in a relatively short period; (b) the Defendant has no record of being punished for the same kind of crime; (c) the Defendant’s game machines and free gifts used for committing the instant crime; (d) the Defendant’s life in custody for more than four months; and (e) the Defendant’s life in custody for more than four months; and (e) the equity in punishing other identical cases; and (e) the Defendant’s age, character and conduct, environment, family relationship, and other records and arguments, the sentence of the lower court is somewhat unreasonable

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 is with merit, and the following judgment is rendered again after pleading.

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 of the court below, and thus, they are quoted 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 ( considered the favorable circumstances in the front);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. Article 44 of the Confiscation Industry Promotion Act;