The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. The instant crime of determining the grounds for appeal is deemed to be operated by the illegal game room by the Defendant, such as installing and operating low-grade game products and exchanging the outcome to users. Such an act is highly likely to cause harm and harm to the general public by encouraging excessive speculative spirit and hindering sound work consciousness.

However, in light of the fact that the defendant reflects the crime of this case, and is divided, the size of the game room is small, the operation period is short, and the acquisition profit is not much high, the business was immediately suspended and closed, the investigation agency was controlled, and the defendant is employed in production service and lives faithfully. The defendant has no record of criminal punishment except that he has been sentenced once by a fine due to the crime of this case, and the defendant also takes into account various sentencing conditions as shown in the records, such as the defendant's age, character and behavior, family relation, motive and circumstance of the crime, and circumstances after the crime, etc., it is judged that the court below's punishment (one year of imprisonment, two years of suspended execution, social service work hours, etc.) is too unreasonable.

2. Accordingly, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its conclusion, and the following is ruled again.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns 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 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Crimes and the Punishment of Speculative Acts, etc. concerning the Selection of Speculative Acts, Article 44 (1) 2 and Article 32 (1) 1 of the Game Industry Promotion Act (the point of providing unregistered game products), Article 44 (1) 2 and Article 32 of the Game Industry Promotion Act.