The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment and confiscation) is too unreasonable;

2. As to the instant crime, the business of a speculative game room using illegally opened or altered game products is highly likely to cause social harm, such as encouraging the public’s spirit of gambling and failure in home economy, and the Defendant’s business at the same place even after the initial police control, etc., requires strict warning in light of the circumstances where the Defendant carried out the business of a tea game room at the same place.

However, the defendant's participation in the illegal speculative game room business through confinement life for a considerable period of time and does not repeat again, and there is no criminal record other than a simple fine even in a very rough and unsound environment, and there is no present health condition. Furthermore, as a result of the deliberation of sentencing at the court below, the defendant maintains a stable social relationship with the defendant, such as the defendant has a skilled technology in the indoor decoration field, and small children have a stable social relation, such as promising to endeavor to prevent recidivism, which is the current police officer and his spouse in de facto marriage, to prevent recidivism, and the risk of recidivism is not high. In addition, considering all other various circumstances such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances before and after the crime, etc., the sentence of the court below is too unreasonable.

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

Criminal facts

The summary of the facts and evidence against the defendant recognized by this court is as follows. The summary of the court below's judgment's "a summary of evidence" is not to delete "a crime" and "a letter of opinion" from among "a statement of the result of appraisal" (10 pages).