1. The judgment below is reversed.

2. The defendant A shall be punished by imprisonment for one year;

but for three years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal (legal scenarios) Defendant A’s act of allowing customers to reuse the phone by installing an automatic game machine in the game machine and issuing coophones constitutes a speculative act, and Defendant B and C aiding and abetting the act.

Nevertheless, the judgment of the court below which acquitted the Defendants of the facts charged is erroneous by misapprehending the legal principles, which affected the conclusion of judgment.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor.

The prosecutor stated the facts charged in this case as the ancillary crime in the first instance.

Violation of the Game Industry Promotion Act;

B. In addition, Article 44(1)1, Article 28 subparag. 2, and Article 44(2) of the Game Industry Promotion Act, and Article 48(1) of the Criminal Act with respect to Defendant A as the conjunctive applicable provisions of the Act on the Promotion of Game Industry, and Article 32 of the Criminal Act are added, respectively, to Defendant B and C, “Article 44(1)1 and Article 28 subparag. 2 of the respective Game Industry Promotion Act,” and Article 32 of the Criminal Act were applied for the modification of an indictment with the content of addition of the ancillary facts as stated in the separate facts charged, and since this Court was changed to the subject of judgment upon permission, the lower judgment was no longer maintained.

Even if there are such reasons for ex officio reversal, the prosecutor's assertion of misapprehension of the legal principle is still subject to the judgment of this court.

3. Judgment on the prosecutor's assertion of mistake of facts

가. 주위적 공소사실의 요지 1 피고인 A은 2011. 9. 9.경부터 2011. 9. 13. 03:00경까지 위 ‘F’에서, 사행성 유기기구인 이 사건 게임기 40대를 설치하고, 종업원 C 등을 고용한 후 그곳을 찾은 불특정 다수의 손님들로 하여금 게임기에 현금을 투입하고 자동실행장치인 속칭 ‘똑딱이’를 이용하여 자동으로 게임을 진행하게 하여 일정한 게임룰에 따라 정해진 일정한 점수를...