The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) declared by the court below is too unhued and unreasonable.

In addition, a sum of KRW 150,2260,00 [the minimum amount of criminal proceeds (the minimum amount of KRW 2,00,000,000, which is earned at the time of opening gambling x 23 times x 23 times x 16,260,00 won (the minimum of the cost of participating in gambling x 70,000,000 won which is paid per hour by one person who participates in gambling x 11 hours for the minimum game x 6 x 23 times) obtained from the defendant as a result of the crime of opening the gambling of this case] should be collected from the defendant.

2. Determination

A. The crime of gambling in this case, which judged the principal punishment, was committed by opening a gambling place for about 6 months with a view to gaining illegal property gains on 23 occasions, thereby promoting gambling activities that undermine the sound labor concept and social morals and customs. The crime of gambling in this case requires strict punishment by taking advantage of a special card with which the failure can be known, but the defendant is in profoundly against the victim of the crime in this case. The defendant committed an agreement with the victims of the crime in this case; the defendant did not have any history of punishment for the same crime; the defendant did not have any history of punishment; the defendant's age, character and conduct, environment, motive or circumstance of the crime, means and consequence of the crime, and circumstances after the crime, etc.; thus, the prosecutor's assertion in this part of this case is without merit.

B. The property resulting from the crime of gambling opening in Article 247 of the Criminal Act, which is judged on the collection of penalty, is subject to the collection in accordance with subparagraph 1 of Article 2 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, Articles 8 and 10 of the Act on Regulation and Punishment of Criminal Proceeds Concealment, and the above collection shall be deprived of unlawful profits and shall not be held.