The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment is based on the following circumstances: (a) even though the Defendant installed about 50 game equipment and operated the illegal game room, the Defendant was running the illegal game room; (b) although the act was denied, the Defendant made a confession of the instant crime; (c) the period of operation of the illegal game room is not limited; (d) the Defendant did not have to be sentenced to punishment; and (e) the Defendant’s motive for the instant crime; (e) the Defendant’s character and behavior, age, environment, family relationship, and circumstances after the instant crime were committed; and (e) other circumstances constituting the conditions for sentencing as stipulated in Article 51 of the Criminal Act, which are revealed in the records and arguments, such as the motive for the instant crime; and (e) the Defendant’s character and behavior, age, family relationship, and circumstances after the crime, the sentence imposed

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 stated in the corresponding column of the original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 2, Article 32 (1) 1 and 7 ( point of using and providing each ungrade game product) of the Act on the Promotion of Game Industry concerning facts constituting an offense, Article 30 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in cases of concurrent crimes, the penalty and penalty shall be deemed the most severe) (in cases of concurrent crimes with the penalty prescribed in a violation of the Act on the Promotion of Game Industry due to the exchange of game products from April 23, 2013 to the 25th of the same month);

1. The conditions in favor of Article 62 (1) and (2) of the Criminal Act are set forth in the suspended sentence;