The part of the judgment of the court below against the defendant is reversed.

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

except that this judgment.

1. The Defendant asserts that the sentencing of the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

2. According to the records, although the defendant misleads the defendant that caused significant harm to the society by operating a speculative game room, the sentencing of the court below seems to be somewhat inappropriate in full view of the following circumstances: (a) although the defendant committed a game room business on a three-day day after the commencement of the game room business; (b) the defendant did not gain any particular profit by regulating only that he did not gain any profit; (c) the defendant has been aware that he did not have any criminal power other than before and after the detection of the crime; (d) the defendant did not have any criminal power; and (e) the defendant has a normal occupation and place of work and has no opportunity to reflect even after returning to the society; (e) the defendant has an opportunity to return to the society for more than two months; (e) the defendant's age, character and conduct, family environment, and motive that

3. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's argument is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence against the defendant recognized by the court is the same as the corresponding column of the part against the defendant in the judgment of the second instance, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 44 (1) 2, Article 32 (1) 1 and 7 of the Act on the Promotion of Game Industry, and Article 30 of the Criminal Act concerning facts constituting a crime;

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

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (2)

1. It is so decided as per Disposition on the grounds of Article 44(2) of the Confiscation Industry Promotion Act, Article 48(1) of the Criminal Act or higher;