The judgment below

The part against the defendant shall be reversed.

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

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. Money exchange in the judgment game room does not eradicate a crime even though it is constantly regulated and punished as a representative crime that undermines people's awareness of sound labor by encouraging a speculative spirit, along with illegal game room business. As long as the defendant is the owner of the game of this case, so long as the defendant is the owner of the game of this case, it is inevitable to impose liability corresponding to his role on the defendant, so it is inevitable to impose a sentence on the defendant. However, in light of the defendant's favorable circumstances, the defendant's imprisonment with prison labor for the same kind of crime has no criminal power and is detained for a considerable period of time in this case, and the defendant's imprisonment with prison labor for more than 10 months is unlikely to repeat again.

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 the criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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