The judgment below

Among the defendants B, the part of innocence against the violation of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. is reversed.

1. Summary of grounds for appeal;

A. The sentence of imprisonment (two years of imprisonment) by Defendant C (unfair imprisonment) is too unreasonable.

나. 검사 1) 사실오인 및 법리오해 가) 2013고단4640호(피고인 B에 대한 공소사실 중 사행행위등규제및처벌특례법위반 점 및 게임산업진흥에관한법률위반의 점에 대한 무죄 부분) 피고인 B이 운영한 게임장에 있던 ‘토마야’와 ‘실버다빈치’ 게임은 등급분류를 받은 내용과 달리 사용자가 게임 운영에 관여하지 않더라도, 버튼자동누름장치인 이른바 ‘똑딱이’를 사용하는 경우에 연속목적이 달성될 수 있다는 것이 확인되었으므로, 변조된 게임물에 해당한다.

On a different premise, the lower court acquitted all the charges on this part of the facts charged by misapprehending the legal doctrine on “providing game products with any content different from the content of the rating classification,” or misapprehending the fact.

B) In light of the details of the police officer’s control over the game room and the time of Defendant B’s entry into the game room, etc., it is evident that Defendant B was aware that Defendant B was not subject to the rating classification in light of the fact that Defendant B’s game machine was transferred to Defendant C prior to the instant game room. The lower court acquitted Defendant A of this part of the facts charged, in light of the role done in Defendant A’s game room, in light of the fact that Defendant B was not an employee of the game room and the management department, and that Defendant B was a employee, game machine operation, profit settlement, etc. as a manager.