도박
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds of appeal (legal scenario) is that the place where the gambling in this case was punished is located is not a residential area, but a billiard room, the Defendants are not aware of each other, and the amount obtained by the winners is a considerable amount, and the seized money is a part of the entire amount, and the restriction was made by an anonymous informant’s report, the Defendants’ statement about the time during which gambling was conducted is difficult to believe, and some of the Defendants’ act is merely a temporary entertainment, in light of the following: (a) the Defendants’ act is merely a temporary entertainment.
Nevertheless, the judgment of the court below which acquitted the defendant on the ground that this is merely a temporary entertainment is erroneous in the misapprehension of legal principles.
2. The lower court determined that the Defendants’ gambling was merely the extent of temporary entertainment in light of the following: (a) the hours during which the Defendants were gambling and 40 minutes; (b) the amount of the instant card play money and the amount of the Defendants’ possession or lost is a small amount; and (c) acquitted the Defendants on the ground that the instant card play was merely the degree of temporary entertainment.
In light of the evidence, the judgment of the court below is examined closely in light of the evidence, and the following circumstances, namely, Defendant C, D, and E are not subject to gambling, and Defendant A, and B were subject to a fine on one occasion by gambling, but are relatively old criminal records, the court below’s decision that acquitted this part of the facts charged is acceptable, and there is no error of law by misapprehending the legal principles as pointed out by the prosecutor of the court below, which affected the conclusion of the judgment.
Therefore, this part of the prosecutor's argument is without merit.
3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.