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. In light of the substance of the grounds for appeal in this case, the sentence imposed by the court below (two months of imprisonment, confiscation) is too unreasonable.

2. The judgment of the defendant, along with C, operated the illegal game of this case, and the businesses of the illegal game room, such as the crime of this case, there is a need to severely punish them with severe social harm, such as promoting a speculative spirit of the general public and undermining their desire to work. However, the defendant's assertion is reasonable, in full view of all kinds of sentencing conditions, including the fact that the business size of the game of this case is not large and the business period of the game of this case is not long, that the defendant has no record of punishment for the same kind of crime, that the defendant does not repeat again while against his mistake, that the defendant's health is not good, and that the defendant's age, character and behavior, environment, and circumstances after 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 and evidence recognized 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. Relevant Article on criminal facts, Articles 44 (1) 2, 32 (1) 1, 30 ( point of providing game products not rated), 44 (1) 2, and 32 (1) 7 of the Criminal Act, Article 30 of the Criminal Act on Regulation and Punishment of Speculative Acts, etc., Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., Article 30 (1) 1 of the Criminal Act, Article 30 of the Criminal Act, Articles 30 of the Criminal Act, and selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;