The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (limited to imprisonment for eight months, a stay of execution for two years, a probation, or a community service for two hundred hours) of the lower court is deemed to be too unhued and unreasonable;

2. Circumstances unfavorable to the defendant are as follows.

On January 3, 2003, the defendant has been sentenced to a fine on four occasions for the same crime, such as the crime of gambling and the violation of the Korean Racing Association Act, in addition to the punishment of six months of imprisonment, the suspension of the execution of two years, and the punishment of two years.

The Defendant has committed the instant crime with CCTV and equipment, such as computers, for a period of six months, and has committed the instant crime in a planned and continuous manner.

The Defendant’s crime of this case has serious social harm, such as encouraging the general public’s spirit of gambling, impairing the awareness of sound labor and overcoming the family life.

However, there are the following favorable circumstances for the defendant.

The defendants recognize and reflect all mistakes.

The benefits acquired by the defendant from the crime of this case are not more than the period during which the crime of this case was committed.

Unless the defendant has been sentenced to a sentence of the above suspension of execution for a long time, he has no record of being sentenced to imprisonment or heavier punishment for the same crime.

Although the Defendant took a role in the establishment of a private gambling site and a broker who purchases the right of horse, it does not develop or establish the website itself.

The defendant supports her husband and minor daughters.

Since the defendant shows his intent to maintain a new life with a legitimate occupation, it would be better to realize the value of sound labor and to provide the defendant with an opportunity to reflect the crime of this case by having the social service order, etc. under the state that is not separated from society only once.

In addition, the defendant's age, character and conduct, environment, motive, background, means and result of the crime.