The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. In the case of a sports facility business requiring no report, the social harm caused by the neglect of the management and supervision of the administrative agency may occur, and the defendant continues to conduct the above business for a considerable period even after the control was accused of the act of the unreported riding track, etc. However, while the defendant has committed the crime in this case, the defendant is against his wrong, there is no record of criminal punishment due to the crime in the same kind, the profits earned by the defendant from the crime in this case seems not to be significant, the defendant's health is not good, the balance between the sentencing with the case in the same or similar case, the defendant's age, character and conduct, environment, the motive, means and consequence of the crime in this case, and all of the sentencing conditions expressed in the records and arguments in this case, such as the circumstances after the crime, are considered as inappropriate. Thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the term "Article 70 and Article 69(2) of the Criminal Act" of "Article 70 and Article 69(2) of the former Criminal Act" shall be amended as "Articles 70 and 69(2) of the former Criminal Act" in the application of the law of the court below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.

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