2. The judgment of the court below is based on the following circumstances: the crime of this case was committed by the defendant using 38 games, which are operated by the defendant using 38 games, the scale of operation of which is significant and the defendant's liability for the same crime is heavy; the defendant is recognized that there are two times the defendant was punished for the same crime, but the defendant is not guilty and repeating again; the defendant's living together and those of the defendant who reported the game of this case to the police branch of this case are promising the defendant's guidance; the defendant's statement is unclear, the defendant's operation period and daily average profits are not clearly specified due to unclear statement; the court below's principal punishment is deemed to be determined; the defendant's age, character and behavior, environment, the motive, means and result of the crime of this case; and the circumstances after the crime, etc.; the court below's punishment is judged to be appropriate; the prosecutor's assertion of unfair sentencing is not justified.

3. Therefore, 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.