A. A person who opened the instant gambling place by Defendant T, and the Defendant has no relation with the instant gambling place.

At the time of the instant case, the Defendant got home immediately without participating in gambling while the instant gambling was in fact at the said gambling room, but the gambling did not run properly.

B. The Prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal on the Defendant’s assertion, and the lower court rejected the Defendant’s assertion and its judgment in detail, on the part of the “judgment on the Defendant and his defense counsel’s assertion”.

According to the evidence duly adopted and examined by the court below, the finding of facts by the court below is justified, and the defendant's assertion is without merit.

B. There is no change in the conditions of sentencing compared with the original judgment because a new sentencing data has not been submitted in the trial of the prosecutor’s argument. In full view of all the reasons for sentencing as stated by the lower court, the lower court’s sentencing against the Defendant was too unhued and thus exceeded the reasonable scope of discretion.

Therefore, the prosecutor's assertion is without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal filed by the Defendant