The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

62,260,000 won shall be additionally collected from the defendant.

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of one year and four months suspended, the collection of 6,2260,000 won, the observation of protection, and the community service hours of 80 hours) is too unfluent and unreasonable.

2. It is recognized that the judgment defendant made a confession of all the crimes and repents his mistake, and there is no record of punishment for the same kind of crime.

However, as in the instant case, the act of opening an illegal gambling place is seriously detrimental to the society by encouraging a speculative spirit among the general public and hindering sound sense of labor, and thus, it is necessary to strictly punish the Defendant. The Defendant is punished by a fine, suspension of execution, and punishment on several occasions, and the period of opening an gambling place is not only for a long period of up to ten months, but also for a period of up to KRW 622 million,000,000,000, which is money exchanged during that period. Considering the size and profit of the gambling place in this case, the size and profit of the Defendant, and all other factors of sentencing as indicated in the instant argument, such as the motive, means and consequence of each of the instant crimes, etc., and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the lower court’s punishment is deemed to be unfair as it is too unreasonable.

3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 247 of the Criminal Act, the choice of punishment for the crime (a point of opening gambling places), Articles 247 and 32 (1) (a point of assisting in opening gambling places) of the Criminal Act, and the choice of imprisonment for the crime;

1. Article 32(2) of the Criminal Act mitigated by law and Article 55(1)3 of the same Act (as to aiding and abetting the opening of a place for gambling and gambling), Article 32(2) and Article 55(1)3

1. Article 37 of the Aggravation of Concurrent Crimes Act.