국민체육진흥법위반(도박등)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the lower court’s punishment (20 million won, confiscation) is too unfilled and unfair (a prosecutor stated his opinion that the Defendant shall be punished by imprisonment with prison labor for one year). 2. Determination that the Defendant is not obliged to repent of the crime in depth and again commit a crime.
In addition, the period of operation of the sports entertainment site is not more than three months, and there are many persons using the above site, so there is no profit earned by the defendant from the operation of the site.
In addition, the defendant seems not to have a significant risk of re-offending in the situation where the defendant was fully liable due to the operation of sports Saturdays, and it does not seem that the fine of KRW 20 million is small.
In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sexual conduct, and circumstances after the crime, and all the sentencing conditions indicated in the theory of changes, it cannot be deemed that the lower court’s sentence imposed on the Defendant should be too uneasible and reversed.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.