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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence for each of the Defendants, and confiscation from Defendant A) is deemed to be too uneasible and unfair.
2. The illegal game room business, such as the crime of this case, is likely to cause a great harm to society by encouraging excessive speculation, and thus need to be strictly punished as it does not eradicate despite continuous control.
However, given that the Defendants led to the confession of and reflect against the crime, the absence of the record of criminal punishment, and the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment cannot be deemed to be unfair as it is too unfeasible and unreasonable.
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.