The judgment of the court below is reversed.

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

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

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two months of imprisonment, confiscation, and collection two million won) is too unreasonable.

2. In light of the fact that the business of the illegal game room is highly harmful to society by promoting an excessive speculative spirit, and that there are characteristics that are not eradicated despite continuous crackdowns, the Defendant established 30 game machines which did not receive classification, and operated the game room and was trying to be exempted from punishment on the ground that he was named as the branch office, etc., it is recognized that the Defendant’s strict punishment is necessary.

However, it cannot be said that the period of operation of the game of this case is the only 1 month since the defendant operated the game of this case. The defendant did not have the same criminal records, and the defendant was detained for about 4 months due to the crime of this case and seems to have an opportunity of reflection as he had an opportunity of reflection. In full view of various sentencing conditions in the records and arguments, such as the defendant's age, character and conduct, family environment, and circumstances after the crime, the court below's punishment against the defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with 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 the same as the corresponding columns 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. Relevant Article on criminal facts, Articles 44 (1) 2, 32 (1) 1, Article 30 of the Criminal Act, Article 44 (1) 2, and Article 32 (1) 7 of the Promotion of the Game Industry Act, Article 30 of the same Act, Article 44 (1) 2, and Article 32 (1) 7 of the Promotion of the Game Industry Act, and exchange results of the use of game products under Article 30 of the Criminal Act;