2. It is recognized that the Defendant recognized the instant crime and against the mistake, and on July 10, 2001, the Defendant did not have any particular history of criminal punishment except for those sentenced to a fine of KRW 300,000 as a violation of the Automobile Management Act by the Busan District Court on July 10, 201, and had family members to support the Defendant.

However, the crime of this case is that the defendant opened, operated, and managed the illegal sports soil site for about nine months, and the nature of the crime is heavy in light of the content of the crime and the degree of participation, etc., and the crime related to gambling is likely to cause social harm, such as promoting speculative spirit in our society and impairing sound labor awareness, etc., and the opening and operation of the illegal sports soil site such as this case is likely to facilitate access, and it is necessary to strictly punish the defendant by inducing other crimes in order to prevent him from committing gambling and raise the gambling fund. In full view of the various circumstances revealed in the argument of this case, including the defendant's age, sex, environment, circumstances before and after the crime, and the size of profits from the crime of this case, etc., the punishment imposed by the court below against the defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.