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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of community service) of the lower court is deemed to be too unhued and unreasonable;
2. The following facts are unfair: (a) the Defendant was stuffed over three years; (b) the amount of money exceeds 7 billion won in gambling; (c) 40 persons were admitted to the illegal sports soil site site as the introduction of the Defendant; (d) the Defendant received brokerage fees from the Defendant; and (e) the Defendant was punished twice in 2009 for the same crime.
However, in light of the favorable circumstances, such as the fact that the defendant recognized his mistake and reflects, the fact that there is a history of being punished for the same kind of crime as seen earlier, but the amount of brokerage fees is not significant, and the sentencing conditions indicated in this case, such as the defendant’s age, character and conduct, the environment, the circumstances and result of the crime in this case, etc., it is not recognized that the court below’s punishment is too unreasonable, and thus, the prosecutor’s assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.