The judgment of the court below is reversed.

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

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

1. The summary of the grounds for appeal (ten months of imprisonment and confiscation) of the lower court is too unreasonable.

2. The businesses of illegal gambling games in the form of providing game products for the use of unspecified customers by altering game products differently from the classified contents, such as the instant crime, are highly likely to cause social harm and injury, such as encouraging the public’s spirit of gambling and failure in home economy.

However, as a result of the sentencing review for the court below, the defendant has no specific punishment in addition to the punishment imposed once for a long time on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents. While recognizing all of the crimes of this case, the defendant has committed a crime of this case in a profoundly against the life of detention for about three months, and the defendant has not been healthy due to brain color and pulmonary condition due to the 5th disabled person, so the defendant has to undergo treatment due to symptoms of brain flasing symptoms during the above detention period, and must support the pregnant woman suffering from blood-related dementia and high blood pressure heart disease during the above detention period. In addition, considering the motive and background of the crime of this case, the defendant's age, character, and environment, the sentence of the court below seems to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of 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 of the facts constituting a crime and subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Selection of Punishment and Promotion of Game Industry;

1. Article 62(1) of the Criminal Act on the suspended execution

1. Probation under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;