The judgment of the court below is reversed.

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

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

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. As to the instant crime, the type of illegal gambling game room business in which premiums obtained through the use of game products are exchanged in cash, such as the instant crime, requires a serious warning to the Defendant with a very great social harm, such as promoting the public’s spirit of gambling and failure in home economy.

However, the Defendant did not have any past experience of being sentenced to the suspension of execution or heavier punishment as well as the prison life for a considerable period of time, and reflects the Defendant’s mistake in depth through his prison life. On January 29, 2013, when working for a sound workplace, such as the Defendant’s work at the shipbuilding yard of the system after the instant crime, and voluntarily going to the prosecution on January 29, 2013, and taking into account the motive and circumstances leading up to the instant crime, the degree of the Defendant’s participation in the instant crime, age, character and conduct, and environment, and other various circumstances that are the conditions for the sentencing of the instant case, the sentence sentenced by the

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 crime and evidence against the defendant recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., and Article 30 of the Criminal Act (the occupation of engaging in speculative acts as a business using speculative gaming machines and the choice of imprisonment);

(b) Articles 44 (1) 2 and 32 (1) 7 of the Game Industry Promotion Act, and Article 30 of the Criminal Act;

(c) Game products which are different from those classified in subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act, and Article 30 of the Criminal Act;