국민체육진흥법위반(도박개장등)등
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the 2 years of suspended execution and the additional collection of 10 million won in imprisonment with prison labor for 6 months) is deemed to be too unfeasible and unfair.
2. The crime of this case committed by the Defendant is likely to promote a speculative spirit by establishing and operating an illegal gambling site and impeding his/her sound labor, and thus, the crime of this case requires strict punishment against the Defendant in light of the fact that the period of the crime is significantly high, and that the period of the crime is long and large.
However, in full view of the following: (a) the Defendant reflects the instant crime in depth; (b) the degree of the Defendant’s participation in the instant crime appears to be minor compared to other accomplices; (c) the Defendant has no record of any specific crime other than the previous criminal records of a fine twice; and (d) other various sentencing conditions as shown in the instant pleadings, such as the developments leading up to the instant crime; (b) the circumstances after the instant crime; (c) the Defendant’s age; and (d) the Defendant’s sexual conduct, and the environment, the lower court’
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.