The judgment of the court below is reversed.

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

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 (ten months of imprisonment) is too unreasonable.

2. The head of an illegal game room like each of the game of this case, such as the game of this case, is detrimental to the citizens' sound sense of labor by encouraging excessive speculative spirit, and there is a very great need to regulate the game, but there is no need to punish the defendant as it does not eradicate continuous control, and the so-called "bab president" as the role of the defendant is not only to interfere with the proper exercise of state punishment rights by preventing the actual owner of the game room from being subject to criminal punishment, but also to allow the new game room business by changing the place where the actual owner of the game has not been punished, and the responsibility is not weak. Although there are unfavorable circumstances such as the defendant's participation in the illegal game room business in several times, the defendant's confession of each of the crimes of this case is against the mistake, the defendant cooperates with the investigation of the actual owner of the game of this case, the defendant has no criminal power of the same kind, profits acquired by the defendant, the defendant's age, character and conduct, the defendant's age, circumstances, motive and circumstances leading to the crime of this case, etc.

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 stated in the corresponding column of the original judgment. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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