The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence of the lower court (two months of imprisonment and confiscation) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime of this case regarding the grounds for appeal is that the Defendant provided a speculative machine to customers and exchanged the outcome obtained by using a gaming machine in the course of operating the game room, and there is a need to strictly punish the Defendant with severe social harm and danger, such as encouraging the gambling spirit of the general public and hindering sound labor practice, and the number of the gaming machines operated by the Defendant is relatively large as 49.

However, the defendant recognized the crime of this case and is in depth divided, and the defendant was punished as a violation of the Sound Records, Video Products and Game Software Act, but the case was not an operation of the game room using the game contents different from the rated game products. The defendant had no record of being punished more than a fine; the game of this case operated by the defendant is a game room which is normally registered as a juvenile game establishment; the defendant's age, character and behavior, environment, the circumstances leading to the crime of this case, means and result; and the situation before and after the crime of this case, etc., the defendant's punishment of the court below is too unreasonable; thus, the defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

Criminal facts

Article 369 of the Criminal Procedure Act is applicable to the facts constituting a crime and the summary of evidence recognized by the court.