The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in October, and one million won of additional collection) is too unhued and unreasonable.

In addition, the whole amount of gambling proceeds should be collected from the defendant, and only distributed earnings should be collected.

2. Determination

A. It is recognized that the Defendant’s period of operation of the private sports entertainment site is not less than 13 months, etc. on the assertion of unfair sentencing.

However, in light of the following factors: (a) the Defendant recognized the Defendant’s mistake; (b) the Defendant did not have the same criminal records, other than two times of fine; and (c) the Defendant’s age, character and conduct, occupation and environment; and the motive and circumstance leading to the instant crime; and (d) the circumstances after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s allegation is without merit.

B. In a case where several judgments on the claim for additional collection charges jointly obtain criminal proceeds, only the amount distributed, i.e., the profit actually accrued, should be confiscated and collected individually (see Supreme Court Decision 2007Do635, Nov. 30, 2007). According to the records, the Defendant is deemed to have received 6 million won as criminal proceeds.

Therefore, the judgment of the court below that collected 6 million won against the defendant is just, and the prosecutor's assertion on this part is not justified.

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