A. The Defendant was aware of the fact at the place indicated in the facts charged of the instant case that other persons had engaged in the card play, and did not have stuffed himself.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged in accordance with the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, namely, C who was arrested by the gambling of this case, were also the defendant at the police station.

In full view of the fact that the Defendant submitted 67,00 won in cash in possession of the instant gambling place to an investigative agency, the Defendant voluntarily submitted the said money to the said investigative agency and signed on the letter of voluntary submission and the letter of renunciation of ownership to the effect that he renounces ownership, and recognized that the Defendant himself was present at the instant gambling place, and that the Defendant was aware that he was present at the instant gambling place, it is recognized that the Defendant committed gambling as stated in the facts charged.

Therefore, the judgment of the court below is just, and there is no error of law as alleged by the defendant.

B. In full view of various circumstances revealed in the records and arguments in the instant case, including the fact that the Defendant had two previous convictions in the past, the Defendant’s age, sexual conduct, environment, motive or background of the crime, and circumstances after the crime, etc., even though considering the fact that the current economic situation is not good or health conditions is not good, and that the Defendant was actively involved in the instant gambling, it cannot be said that the sentence imposed by the lower court is too unreasonable.

(c)

Therefore, the defendant's argument is without merit.

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