The prosecutor's appeal is dismissed.

1. In light of the fact that the defendant made a false statement that he had theJ opened his gambling during the investigation process, etc., the sentence imposed by the court below (two years of suspended execution of imprisonment for ten months and two million won of fine) is too uneased and unfair.

2. The social harm of gambling crimes, such as the instant case, particularly in the case of gambling, belongs to organized gambling, such as the necessity of raising and managing specialized speculations, and the Defendant caused the confusion in the course of investigation by making another person gambling and visiting in the course of investigation, and the Defendant committed a criminal offense identical to that of the Defendant is disadvantageous to the Defendant.

However, the fact that the defendant is both starting to commit the crime of this case and is against the defendant is favorable to the defendant.

In light of such circumstances, considering the size and frequency of gambling opened by the defendant, the profit gained by the defendant, etc., and the conditions of the sentencing as shown in the records and arguments, such as the defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the prosecutor’s assertion is without merit, as it is too unjustifiable for the court below’s punishment to be imposed.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.