The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

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

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and confiscation) is too unreasonable.

2. The judgment of the court below is found to have committed the instant crime at the same place where it was discovered that the Defendant provided a game machine which was not classified twice on September 12, 2012 and September 23, 2012 and exchanged the game machine for the use thereof, but it was found that the Defendant committed the instant crime at the same place. However, the Defendant led to the confession of criminal facts and reflects his mistake through confinement life for about two months. The instant crime is deemed to have been committed on a small scale for the purpose of using the four game machine of this case to be provided and exchanged to the party room and the fishing place operated by the Defendant for the purpose of assisting the party room and the fishing place business. The period of business indicated in the criminal facts is short, and the Defendant did not stop and repeat the said party room and the fishing place at the time of the trial. Considering the fact that the Defendant was sentenced to a fine of five million won or more for the same crime, the Defendant’s age, character and conduct, circumstances and various conditions after the instant crime, the sentencing of the court below is recognized as unfair.

3. As such, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided 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, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 45 of the Act on the Promotion of the Game Industry and Articles 45 subparagraph 4 and 32 (1) 2 of the Act on the Promotion of the Selection of Punishment and Provision of Game Products different from the contents of the classification, and Article 32 (1) 2 of the Act on the Promotion of Game Industry.