도박개장
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant: (a) had a fact that he did not flick electricity at the gambling site of this case and sticked with earphones in return; and (b) had been at the gambling site
Comprehensively taking account of the police statements of the E and J, the fact that the defendant opened a gambling place in collusion with C, D, and E for profit as stated in the facts charged in the instant case can be sufficiently recognized.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
2. In full view of the evidence duly adopted and examined by the court below, the court below's decision that the defendant was not guilty of the facts charged of this case based on the judgment of evidence as stated in the judgment below is just and acceptable, and there is an error of law by misunderstanding facts as pointed out by the prosecutor in the judgment below, which affected the conclusion
It does not appear.
Therefore, prosecutor's assertion of mistake is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.