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 lower court’s imprisonment (eight months of imprisonment, confiscation) is too unreasonable.

2. The crime related to the operation of the illegal game room is likely to pose a risk of repeating a crime in light of the fact that there is a need to severely punish the relevant social harm, such as encouraging a general public’s spirit of gambling and failure in home economy, and that the defendant committed the same crime within a short period of time, even though the defendant has been under control, is disadvantageous to the defendant.

However, the defendant has no ability to be punished for the same crime, and is deeply against the defendant's life in prison for a considerable period of time. In the case of aiding and abetting the crime, it is nothing more than once, and the punishment is not much significant because he has not been paid daily allowances by being immediately controlled on the day of the crime. Above all, the defendant has been able to faithfully live, such as growing the married woman acquired in unmarried status for about 13 years and handing over it to his her her her son for about 20 years, and the defendant has been able to grow up with the experience of construction day work, which has been engaged in the same for about 20 years, so the risk of recidivism is likely to be considerably reduced, and the punishment of the court below sentenced to the punishment is too too 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. Article 44 (1) 2 of the relevant Act on criminal facts, Articles 32 (1) 7 of the Act on the Selection of Game Industry and the Promotion of Punishment (before Realization of Game Results), Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, and punishment;