The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for ten months of imprisonment, and 120 hours of community service) is too unfluent and unfair.

Judgment

The crime of this case is an unfavorable sentencing factor, such as: (a) issuing similar sports betting tickets or similar riding voting in a systematic operation of the illegal sports gambling site; (b) promoting the people’s gambling spirit; (c) having a significant amount of harm to the society that undermines sound labor awareness; (d) the amount deposited into the game money of the above gambling site exceeds approximately KRW 21.4 billion; and (e) the period during which the Defendant participated was less than nine months.

However, in full view of the facts that the defendant recognized his mistake and thus is against the defendant, there is no criminal conviction or heavier than that of the same criminal conviction or suspended execution, and that the defendant's profit derived from filling and exchanging game money for nine months is not significant as approximately KRW 20 million to the subscribers. Considering the sentencing of the accomplices already punished and other sentencing materials, including the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the court below's punishment is too unjustifiable, and thus, it is not recognized that the prosecutor's assertion is unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.