The prosecutor's appeal is dismissed.

1. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, the community service order 40 hours, the confiscation) is too uneased and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The Defendant, on his own, opened a place for gambling and recruited people to provide a dog, thereby acting as an animal scambling.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized all of the crimes of this case and reflected in the instant case.

The defendant has no criminal record of the same kind.

The defendant has no record of criminal punishment for about 20 years, except for the punishment once imposed for a violation of the Act on Theft and Punishment of Violences.

The defendant's crime of opening a gambling place was conducted once, and there is no profits from the crime by immediately regulating at the scene.

The defendant has the necessary wife to support the defendant.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

The prosecutor's assertion is without merit.

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