국민체육진흥법위반(도박등)
The prosecutor's appeal is dismissed.
1. The main point of the prosecutor’s appeal is as follows: (a) the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.
2. Determination Domination, illegal sports gambling is highly detrimental to the society, such as encouraging speculative spirit and hindering sound labor, and thus requires strict punishment. In light of the period of the instant crime, the scale of the crime, the criminal proceeds, etc., the fact that the nature and circumstances of the crime are not easy is disadvantageous to the Defendant.
On the other hand, in full view of all the sentencing conditions stated in the arguments of this case, including the Defendant’s age, sexual conduct, environment, and circumstances after the crime, the lower court appears to be within a reasonable and appropriate scope and cannot be deemed to be unfair, because it seems that the lower court’s punishment is too unreasonable.
Therefore, the prosecutor's above assertion is without merit.
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.