All appeals filed by the prosecutor against the Defendants are dismissed.

1. Summary of grounds for appeal by the public prosecutor;

A. Defendant F: (a) - Violation of the Punishment of Violences, etc. Act (joint conflict) - Defendant F, etc., explained in detail that Defendant F, Defendant G, etc. are stuffed for fraud; and (b) did not open a door at the site of the instant case.

K shared the role in the crime of joint conflict, such as opening a door and speaking as “D,” and received 300,000 won or less from A after the completion of the crime.

In full view of these circumstances, the judgment of the court below which acquitted Defendant F on the ground that there was no proof of a crime even though it could be recognized that Defendant F committed the above joint crime in collusion with Defendant A et al., which affected the conclusion of the judgment by mistake of facts.

B. - The point of gambling and gambling aiding and abetting the remaining Defendants - Defendant G, H, I, J, K, L, etc. (hereinafter “Defendant G, etc.”) intended to gambling against A, B, etc., but the instant site was not discovered such as Kabromer, radio transmitter, vibration receiver, etc., which is necessary for gambling. Rather, Defendant K, who was waiting in the parking lot, was waiting for equipment necessary for gambling.

Therefore, Defendant G et al. was merely a punishment for normal gambling without being provided with necessary preparation for gambling. Thus, there was a commencement of the commission of fraud (refiscing fraud).

Even though it can not be seen, there is commencement of the commission of fraud, and therefore no separate crime of gambling is established.

In light of the above legal principles, the court below acquitted the charged facts, which affected the conclusion of the judgment.

2. Determination on the grounds for appeal against Defendant F by the Prosecutor

가. 이 부분 공소사실의 요지 A, B는 2014. 3. 6. 경 충북 음성군 S에서 G 등과 함께 속칭 ‘ 도리 짓고땡’ 이라는 도박을 하였고,...