The prosecutor's appeal is dismissed.

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended execution, and confiscation) is too unhued and unreasonable.

2. The crime of this case is deemed to have been operated by the Defendant, such as installing a speculative gaming machine and exchanging the result of the act to the users. Such an act is highly harmful to society by encouraging the general public to commit an excessive speculative spirit and hindering sound labor, and thus, it is necessary to strengthen the punishment. The Defendant, even though he was punished for a violation of the Game Industry Promotion Act while working in an illegal game place, was committed as an employee in the illegal game place, at this time, he directly operates the illegal game room. The Defendant, even though he had the record of being punished as a violation of the Act on the Promotion of Game Industry while working in the illegal game place, was committed against the Defendant, and was arrested by the police officer

However, in light of the favorable circumstances, such as the Defendant’s depth, character and behavior, family relationship, motive and circumstance of the crime, etc., the sentence of the lower court is too uneasible and unreasonable, in view of various sentencing conditions indicated in the record, such as the Defendant’s age, character and behavior, family relationship, and motive and circumstance, etc., where the period of operation of the illegal game room is relatively short, and the profit gained by the Defendant appears to have not been significant. The social relation between the Defendant and his family members and those who want to guide the Defendant.

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.