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 punishment of the court below is too heavy when considering various circumstances against the defendant in light of the summary of the grounds for appeal.

2. The crime of this case is an unfavorable circumstance to the Defendant, in light of the following: (a) the commission of the crime of this case promoted excessive gambling spirit to the general public; and (b) there is a serious social harm caused thereby; (c) the period during which the Defendant operated the illegal game room is relatively long-term; and (d) the size of the business of the game room of this case (49 games) is large

However, in full view of the favorable circumstances, such as the fact that the defendant committed a mistake in the course of the trial and again committed such a crime, and that there is no record of punishment for the same crime, and that there is no record of crime for the last 15 years, and that there is no record of crime for the recent 15 years, and that there is no record of the recent disposal of the game of this case, and other favorable sentencing conditions stipulated in Article 51 of the Criminal Act, including the defendant's age, character, character and behavior, family environment, etc., the sentence of the court below is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except for the change of "the defendant's partial statement" in the summary of the evidence to "the defendant's oral statement at court of the court of the trial". Thus, it is cited as it is in accordance with

Application of Statutes

1. Article 45 of the relevant Act on criminal facts, subparagraph 4 of Article 45 and Article 32 (1) 2 of the Act on the Promotion of Alternative Game Industry, Article 30 (Provision of Game Products for Use different from the contents of classification), and Article 44 (1) 2 of the Criminal Act;