The prosecutor's appeal is dismissed.

1. The sentencing of the lower court (one million won in penalty) on the gist of the grounds of appeal is deemed unfair because it is too unhued.

2. The Defendant had a record of having been punished several times for gambling crimes, and in particular, after the completion of the execution of imprisonment with prison labor due to habitual gambling crimes, committed the instant crime during the period of repeated crime.

However, in full view of the following circumstances: (a) the Defendant recognized and seriously reflects the Defendant’s mistake; (b) the frequency and amount of gambling of this case, including the Defendant’s age, sex, environment, family relationship, motive and circumstance of the offense; (c) the motive and circumstance of the offense; (d) the means and consequence; and (e) there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, the sentencing of the lower court is not unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.