All of the appeals by prosecutors are dismissed.

Although it is necessary to additionally collect 12.9 million won from Defendant A with regard to the erroneous collection of the summary of the grounds for appeal, the lower court did not err in the misapprehension of facts.

The sentence sentenced by the court below of unfair sentencing (Defendant A: Imprisonment with prison labor for 10 months, confiscation, and fine of 20 million won) is too uneased and unreasonable.

Judgment

The evidence duly examined by the court below as to the mistake of facts as to collection cannot be specified with the criminal proceeds acquired by Defendant A, and thus it cannot be collected additionally.

The prosecutor's assertion is without merit.

The instant crime of unfair sentencing is a crime that may bring about a lot of social harm.

The scale of a game room is not small.

Defendant

A has been sentenced to the suspended sentence of imprisonment for the same crime, and Defendant B also committed the crime of this case during the suspended sentence of imprisonment for the same crime.

However, the attitude of the Defendants to recognize and reflect the instant crime appears to have been committed.

The period of crime is not long

(Defendant A is only 11 days, and Defendant B is only 6 days). In addition, considering all of the sentencing conditions, such as the age, character, conduct and environment of the Defendants, the sentence imposed by the lower court cannot be deemed unreasonable.

The prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is groundless.