The defendant's appeal is dismissed.

1. The sentence of the court below (the imprisonment of 10 months, the fine of 5,00,000 won, and the confiscation) is too unreasonable in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances such as the fact that the defendant recognized all of the crimes of this case and repented in depth, and that the defendant should support his parents, wife and children.

However, the crime of this case is committed by the defendant with his accomplices, and the gambling opening and gambling opening together with his accomplices was committed in a planned and organized manner by sharing the roles in advance with his accomplices, and the crime of this case is not good. The crime of this case is likely to be committed by gambling participants since its size is small up to about 20 persons, etc. The crime of this case requires a serious social harm, such as promoting the gambling spirit of the people and impairing their sound work consciousness. The defendant repeatedly committed the crime of this case despite the past three times of punishment, regardless of the fact that he had been punished for the same crime, the defendant committed the crime of this case. In full view of the various sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, the circumstances, means and result that the defendant caused the crime of this case, the situation before and after the crime, etc., the defendant's punishment of this case is too unreasonable, and thus, the defendant's assertion of unfair sentencing is not justified.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition

However, Article 246 (1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013) (amended by Act No. 11731, Nov. 2, 2012); Article 246 (1) of the Criminal Act (amended by Act No. 11731, Nov. 2, 2012); Article 246 (1) of the Criminal Act (amended by Act No. 246 (1) of May 19, 2013); Article 38 (1) 2 of the Act on 4th and 8th, “Article 38.”