The defendant's appeal is dismissed.

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of one year and two months, the surcharge of 71 million won) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant reflects his/her mistake, that he/she voluntarily returned from a foreign country, and that he/she has no record of punishment for the same kind of crime.

However, the act of opening and operating an illegal gambling site, such as the instant crime, is likely to instigate an excessive speculative spirit and undermine sound labor awareness, and thus, it is highly harmful to society. It is necessary to severely punish such act because it has not been eradicated despite continuous crackdown. The Defendant’s period of crime is not shorter than the Defendant’s period, and the amount deposited in and withdrawn from the gambling also reaches a million won, and there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and there is no other special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment. In addition, considering all of the sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive and background leading to the criminal act, means and consequence of the criminal act, the circumstance after the criminal act, etc., the Defendant’s assertion does not seem to be unfair. Therefore, it is without merit.

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