The judgment below

The part against the defendant shall be reversed.

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

seizure.

1. The summary of the reasons for appeal (one year of imprisonment, confiscation) by the lower court is too unreasonable.

2. In light of the fact that an illegal game room business in the form of exchanging premiums obtained through the use of a game product in cash, such as the crime of this case, is highly harmful to society by promoting a speculative spirit of the general public and neglecting home economy, and that the defendant committed again the crime of this case, including imprisonment with prison labor for one year for illegal game room business, which was sentenced to a suspension of execution of three years, even though it had been sentenced to a suspension of execution of three years for a total of four times, it is necessary to punish the defendant strictly, and thus, it is inevitable to sentence the defendant.

However, it is reasonable to view that the punishment imposed by the court below is somewhat heavy in light of various circumstances, such as the defendant's economic situation is difficult to obtain KRW 100,000 per day from the business owner of the game of this case, and the money exchange business is conducted, the defendant suffers from the safe and safe construction certificate after undergoing an operation in a white place, and the defendant's health is not good. The defendant is not subject to a sentence, and the motive and circumstance of the crime of this case, the defendant's age, character and conduct, and the environment, etc. are the conditions for sentencing in this case.

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. Relevant Article of the relevant criminal facts, and Articles 44 (1) 2 and 32 (1) 7 of the Act on the Selection of Punishment and Promotion of Game Industry;

1. The former part of Article 44 (2) of the Act on the Promotion of Confiscation Industry and Article 48 (1) of the Criminal Act;