도박개장
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unhutiled and unfair.
2. The Defendant’s crime of this case is disadvantageous to the Defendant, including the following: (a) the fact that the nature of the crime was poor in light of the method of the crime; (b) the Defendant had been sentenced to imprisonment for a period of 8 months with prison labor for habitual gambling; and (c) three times of the same past records; and (d) the fact that there are three times of past records of punishment for entertainment room business.
However, the fact that the defendant's mistake is recognized and reflected, and the period and scale of the crime shown in the facts charged of this case cannot be considered to be large is the circumstances favorable to the defendant.
In full view of the above-mentioned normal relationship, the Defendant’s age, character and conduct, environment, the circumstances surrounding the instant crime, and circumstances revealed in the records and pleadings, it is not determined that the sentence imposed by the lower court is too unreasonable.
The prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
[However, in accordance with Article 25 of the Rules on Criminal Procedure, the "Criminal Act" in the second sentence below shall be corrected as "former Criminal Act (amended by Act No. 11731, Apr. 5, 2013)"].