The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. It is unfavorable that the Defendant committed the instant crime during the period of the suspension of execution of fraud, and that he operated the game room on the ground of the following name business owner who installed the altered game machine.

However, in light of the fact that the defendant's mistake is recognized by the defendant, there is no same criminal power, the business period seems to not to exceed 23 days, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character, conduct, occupation and environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc., the above argument of the defendant is reasonable, and the prosecutor's above argument is without merit.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the prosecutor's appeal is again ruled as follows. Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. However, as long as the judgment of the court below is accepted and reversed

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the 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. Subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of Game Industry concerning criminal facts, Article 30 of the Criminal Act;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (the grounds for reversal in the first sentence);

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