The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below against the defendant is too unhued.

2. The crime of this case is found to have been committed by the Defendant with money worth KRW 260,000,000 over 11 months and habitually engaged in private sports discussions. In light of the frequency of the crime and the size of gambling, etc., the above private sports gambling requires strict punishment, such as creating additional social problems.

However, the Defendant recognized the instant crime and reflects the Defendant’s mistake in depth, and there are circumstances to take into account the circumstances leading up to the instant crime, such as the Defendant’s access to the website address guide from the operator of the sports soil site and resulting in the instant crime. The Defendant did not have any history of criminal punishment other than sentenced to a fine of one million won due to a drunk driving in 2009; the Defendant did not obtain any specific benefit due to the instant crime; the Defendant paid considerable money; the Defendant did not have any economic situation at present; and the Defendant did not have any other sufficient financial condition; and the circumstances leading to the instant crime, such as the Defendant’s age, environment, family relationship, the circumstances leading to the instant crime, and the circumstances before and after the instant crime, etc., are considered in full view of the overall circumstances, the lower court’s punishment cannot be deemed unfair as it is too 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.