The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Summary of Grounds for Appeal

The punishment of the court below (two months of imprisonment, confiscations 1 through 8) is too unreasonable.

Judgment

The crime of this case not only disturbs the distribution order of game products but also interferes with the fostering of a healthy game culture, and the crime related to illegal game places is also serious social harm such as encouraging speculation and hindering the people's sound sense of labor, and thus, the necessity of strict punishment is high.

However, considering the following factors: (a) the Defendant’s mistake recognized by the Defendant is against his or her will; (b) the Defendant has no previous conviction for the same kind of crime; (c) the Defendant’s game room operation period is less than one month; and (d) the Defendant’s health is not good, etc.; and (c) the Defendant’s punishment is an element for sentencing favorable to the Defendant; and (d) other factors for sentencing specified in the pleadings, such as the background of the instant crime; (e) the circumstances after the commission of the crime; (e) the Defendant’s age; and (e) the Defendant

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

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 the Game Industry Selection and Punishment, Article 30 of the Criminal Act (the point of providing game products different from the classification of game products, the choice of imprisonment), Article 44 (1) 2 and Article 32 (1) 7 of the Game Industry Promotion Act, and Article 30 of the Criminal Act (the point of exchanging game results and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the above two crimes) shall apply.