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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment for up to eight months, suspension of execution for two years, community service hours for 80 hours) imposed by the court below is too uneasible.
2. In light of the fact that the operation of the illegal game room is highly harmful to the general public by promoting an excessive speculative spirit, undermining the awareness of sound labor, etc., the Defendant’s installation of CCTV in preparation for crackdown, etc., and the method of committing the crime is planned and organized, the size of the illegal game room is small, and the nature of the crime is bad, etc., the Defendant should be punished strictly.
However, in full view of the following circumstances: (a) the Defendant has no record of punishment for the same crime other than the previous offense of fine; (b) the Defendant led to the instant crime; (c) led to the confession of and reflect against the said crime; and (d) the period of operation of the instant illegal game room does not extend to eight days; and (c) other various circumstances that form the conditions for sentencing specified in the records and arguments, the lower court’s punishment is deemed reasonable and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.