The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime related to the provision for the use and provision of illegal game products and the operation of the illegal game room requires a strict punishment of social harm, such as encouraging the general public’s gambling spirit and neglecting home economy. In particular, as to the crime of this case, the crime of providing game products by “one-class game site” like the crime of this case is disadvantageous to the fact that the crime of providing game products by “one-class game site” is provided for the use of a non-grade game product by accessing the overseas website through the bypass program called VPN, and that there is a need to eradicate it early and cope with it to prevent its spread.

However, the defendant is living in prison for a considerable period of time, and above all, the defendant is found to have faithfully worked as a parking lot employee operated by the (g)F after the crime of this case, and the above company also has to consider at any time when the defendant is released from prison, so the risk of recidivism of the defendant is likely to be significantly reduced, and in full view of the sentencing conditions in the records, such as the defendant's age, character, conduct and environment, it is reasonable to see that the sentence of the court below, which sentenced the punishment, is too heavy.

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 Act on the Selection of Punishment and Promotion of Game Industry and Article 32 (1) 1 of the Act on the Selection of Punishment of Crimes;