The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. The 8-month imprisonment sentenced by the court below is too large and unfair.

2. In light of the fact that the Defendant recognized the facts charged of this case, the Defendant did not have the same criminal history or sentence, the Defendant’s period of operation of the game room of this case is not so long as the period of operation of the game room of this case, and the Defendant’s wife and wife, the Defendant’s wife to support his children, and other conditions of sentencing indicated in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is justified.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

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 of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of Game Industry, Article 30 of the Criminal Act, the choice of imprisonment, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act;

3. Article 62-2 (1) of the Criminal Act regarding community service order;

4. Article 44 (2) of the Confiscation Industry Promotion Act.