도박
All appeals filed by the prosecutor against the Defendants are dismissed.
1. In light of the fact that Defendant A had the record of being punished three times due to the crime of gambling, etc., the court below acquitted the charge of this case even though the charge of this case goes beyond the degree of temporary recreation, there is an error of misunderstanding of facts or misunderstanding of legal principles.
2. On November 15, 2012, at around 15:00 on November 15, 2012, the Defendants saw that the Defendants 25,100 won Do Do 25,100 Do Do Do 25,100 Do Do Do 25,100 Do Do Do 25, Do Do 25,100.
3. Determination on the grounds for appeal
A. The lower court found the Defendant not guilty of the facts charged of this case on the ground that the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, the Defendants, D, and E, which had a long-term friendship, had 100 won by adding 100 won to each additional point of 30 minutes at an open place, and that the amount seized therefrom is less than 400 won (E), more than 13,000 won (D), and the Defendants’ social status, property level, and the statement about the use of profits arising from gambling are merely temporary entertainment, and thus, it does not violate the social rules, and thus, is not unlawful.
B. The illegality of the crime of gambling in the crime of gambling shall be determined specifically by taking into account all the circumstances, such as the time and place of gambling, the social status and property level of gamblings, the nature of property, and other circumstances leading to gambling.
(2) In light of the above legal principles and the evidence adopted and investigated by the court below, the court below's above fact-finding and judgment are justified. Thus, the prosecutor's allegation of mistake of facts or misapprehension of legal principles is without merit.
4. In conclusion, the Prosecutor’s appeal against the Defendants is with merit.