Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unlawful in sentencing) of the sentence imposed by the lower court (in 10 months of imprisonment, two years of suspended execution, observation of protection, community service order, confiscation, and collection) is too uneasy and unreasonable.
2. The fact that illegal game room business, such as the instant crime, is detrimental to the people’s sound sense of work, and that there is considerable social prejudice, and that there is a need to strictly punish the defendant because the continued control has not been eradicated.
However, in full view of the following facts: (a) the Defendant recognized the instant crime; (b) the Defendant did not have the same criminal record; and (c) the Defendant’s age, sex behavior, environment; and the motive, background, means, and consequence of the instant crime; and (d) the circumstances before and after the instant crime, the lower court’s punishment cannot be deemed unfair because it is too unfasible.
The prosecutor's assertion is without merit.
3. The appeal by the prosecutor of the conclusion 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.