The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 10 shall be confiscated.

1. In light of the fact that the defendant's main reason for appeal is the defendant, the fact that the game room business was operated due to the difficulty of home-types, and the fact that the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.

2. In light of the fact that the defendant provided unclassified game products while operating and managing the game of this case and exchanged the game of this case; the defendant installed CCTV in preparation for regulating the defendant; the size of the game of this case (29 and 40 square meters) is not small; and the speculative game of this case is serious social harm, such as the fact that the ordinary person is placed at the suspicion of the game of this case; causing the abundance of home shot, etc., and the value of punishment is high, the defendant should be punished strictly; however, the period of operation of the game of this case is relatively short; the defendant did not have the records of punishment for the same kind of crime before the crime of this case; the defendant is against the other defendant; the defendant's criminal records, character, conduct and environment; the circumstances and results of the crime of this case; and the conditions of punishment as to the records and arguments after the crime of this case; the above assertion by the court below is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed and it is decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns 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 facts constituting a crime, Articles 44 (1) 2 and 32 (1) 1 (the point of providing game products with no classification, the choice of imprisonment, and the promotion of the game industry) of the Act on the Selection of Game Industry and the Promotion of Punishment;