The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

1. Summary of grounds for appeal;

A. Although the defendant was involved in the operation of D's C Gameland, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, even though it was merely an employee-type aiding and abetting crime.

B. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in indictment with the contents of the facts charged in the instant case, which are stated in the judgment of the court below, as follows. This court permitted this to change the subject of the judgment, and the judgment of the court below was no longer maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court even though there is such reason of ex officio reversal.

On December 6, 2011, the Defendant, in collusion with K, registered a game room in the name of the Defendant in Gwangju North-gu, Gwangju-gu, and opened a game room in the trade name called “F Gameland”, and established and operated 40 game machine for Oral 2, which was classified as “total user”.

The game machine was classified as a game product with an external device or a certain simple operation, etc., and the purpose of the game was not achieved by a user, by manipulating the raber and pressings of prisoners of war at the bottom of the screen, in accordance with his/her own ability, such as the rash and judgment, according to the ability of the game. The above rash2 game machine was classified as a game product with an external device or a certain simple operation, etc., and physical equipment, such as the rash and the rash appearing on the screen, was merely causing less than the visual interest of the game, and without any function, and without any influence on the game contents.

Nevertheless, the Defendant is the user from December 6, 201 to January 7, 2012.