The defendant's appeal is dismissed.

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won, confiscation) is too unreasonable.

2. It is recognized that the defendant's mistake is divided, and there is no record of punishment for the same kind of crime.

However, the Defendant has been sentenced to a fine, suspension of execution, and punishment, and the act of running an illegal gambling game as in the instant case is serious social harm, such as by encouraging a speculative spirit among the general public, thereby undermining the awareness of sound labor. Considering the size of the game site of this case, the period and profit therefrom, the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench. However, since it is apparent that the application of the law in the judgment of the court below was omitted by this mistake after the “Article 70 of the Criminal Act” after the “Article 70 of the Criminal Act” of the detention in the workhouse, it is corrected to add this ex officio in accordance with Article 25(1)