All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The lower court’s punishment (ten months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The lower court sentenced the Defendant to a punishment by taking account of the circumstances unfavorable to the Defendant, such as the following: (a) the Defendant’s mistake was divided; (b) the Defendant’s crime was committed in favor of the Defendant; (c) the Defendant’s motive to work not only promotes the general public’s gambling but also undermining social harm and harm, such as undermining his will to work; and (d) the Defendant committed the crime of opening a gambling place in 2013 under the Act on the Promotion of Game Industry; (b) the Defendant was sentenced to a suspended sentence of ten years in prison in October and ten months in 2015, without being aware of the fact that he committed the crime of the same kind of crime

C. Based on the legal principles as seen earlier, there is no change in the above sentencing conditions compared with the court below. In addition, considering the size, business period, Defendant’s age, character and conduct, motive of crime, circumstances after the crime, etc. of the game site of this case as well as the sentencing grounds revealed in the proceedings of this case, and the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, the sentence of the court below is too heavy or too excessive and it does not seem to have exceeded the reasonable scope of discretion

Therefore, the defendant and prosecutor's argument of unfair sentencing cannot be accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.