The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case, which encouragess the general public to commit an excessive speculative spirit, requires strict punishment, and the Defendant repeats the crime of this case despite the past record of punishment for the same kind of crime, is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant appears to have committed a crime; (b) there is no history of punishment heavier than a suspended sentence due to the same type of crime; (c) chronic renal failure; (d) suffering from urology, urology, etc.; and (e) other factors of sentencing as shown in the records and arguments, such as the Defendant’s age and family environment; and (e) circumstances before and after the commission of the crime, the Defendant’s sentence against the Defendant cannot be deemed unfair

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.