The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the instant gambling exceeded the level of temporary entertainment, its illegality is not dismissed.

B. The sentence of the lower court (two years of suspended sentence in the month of imprisonment, two years of suspended sentence, and the observation of protection) is deemed to be too unhued and unfair.

2. Determination

A. In the lower court’s determination as to the assertion of misunderstanding the facts and legal principles, the following circumstances are revealed by the evidence duly adopted and examined: (i) if the total amount of KRW 675,00,00 from the instant gambling is divided into six persons, the average of KRW 112,50 per person (i.e., 675,000 + 6) and participated in the instant gambling; (ii) the said KRW 112,50,000, which is the lottery amount that can be purchased at one time, does not differ from 100,000 lottery tickets and 3 of the Enforcement Decree of the Lottery Fund Act; and (iii) the number of persons participating in the instant gambling is both workplace club members; and (iv) the number of hours during which the instant gambling continues to exist and the extent of the instant gambling is deemed unlawful by taking account of the following:

Therefore, the judgment of the court below to the same purport is just, and there is no error in the misapprehension of the facts and legal principles alleged by the prosecutor, and the prosecutor's mistake and misapprehension of legal principles are not accepted

B. In light of the circumstances revealed in the instant argument, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s improper assertion of sentencing is not acceptable.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.