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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, in light of the records, etc. that the defendant, who was acquitted of gambling for gambling on March 13, 2009, was not guilty as to gambling for gambling on February 21, 2011, and gambling for gambling on June 18, 2013, and the records of the suspension of indictment on March 15, 2012, etc.
2. Determination
A. On January 3, 2013, from around 21:00 to 23:00 of the same day, the Defendant, along with C, D, and E, took three points from the Defendant’s house located in the Gangnam-gun Hongcheon-gun F, Gangwon-do, using Chapter fifty two, namely, a person who first takes three points from the Defendant’s house in the Defendant’s Hongcheon-gun F, Gangwon-do, and one hundred won, adding three points to the longer person, and one hundred won each time when adding one point.
B. The lower court determined that the Defendant’s gambling time from 21:30 to 23:00 on the same day is not deep at night, but at a relatively short time, and its location is not a secret place as the Defendant’s house; the Defendant’s “high-saw” was set at a certain amount of the gold according to the winning, and the amount seized by the Defendant is not a large amount of 45,600 won. The Defendant and the other participants in the instant gambling are the members of the community or friendship conference with the money, and the person who participated in the instant gambling, including the Defendant, conducted drinking by a person to take money, and saw saw saws, and all other participants in the instant gambling except the Defendant, are the main parts of the instant gambling, and there is no criminal record related to gambling; the Defendant has a certain occupation, such as operating the company with the trade name of “G”, and the Defendant has approximately KRW 500,000,00 won, and the real estate was owned by approximately KRW 500,000 per month.