2. In full view of the elements of unfavorable sentencing, including the fact that the defendant, even though he had the history of criminal punishment twice for the same crime, installs and operates a game machine at the defendant's party room, and the defendant reflects the crime, and the amount of the installed game machine is not much more than 3 days, and the defendant's benefit that the period of operation of the game machine is less than 6 days, and other favorable sentencing factors, such as the defendant's age, sex, environment, motive, means and consequence of the crime, various circumstances that are the conditions of sentencing as indicated in the records of this case and the theory of changes, such as the circumstances after the crime, and the scope of the recommended sentence of sentencing guidelines (from April to October), it does not seem that the court below's punishment against the defendant is too unjustifiable and unfair.

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.