The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The crime related to the operation of the illegal game room requires a strict punishment of social harm, such as encouraging a general public’s spirit of gambling and failure in home economy, etc. The Defendant, as an unemployed shareholder, has continued to commit the crime in the same place after the first crackdown while operating the game room in another person’s name and continued to commit the crime again after the first crackdown, and the investigation into accomplices has been conducted, it is necessary to warn the Defendant according to the circumstances of the escape.

However, in light of the fact that the defendant did not have any history of punishment for the same kind of crime, and that the full amount of the surcharge was paid at the time of the trial, and that the defendant did not have any psychological apprehension during the flight life, such as the witness AS's statement at the trial, etc., and the result of the trial of sentencing revealed that the defendant suffered from mental illness such as a mental disorder in the flight life, and that the defendant is able to endeavor to prevent the recurrence if the defendant released the defendant, and other conditions of sentencing indicated in the records, such as the defendant's age, character, character and behavior and environment, the sentence of the court below, which sentenced the defendant, seems to be too unreasonable.

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

(a) Use and provision of game products different from the rating classification: Subparagraph 4 of Article 45 and Article 32 (1) 2 of the Game Industry Promotion Act, Article 30 of the Criminal Act (Selection of Imprisonment);

(b) point of exchange of results obtained through the use of game products: Each point;