The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is difficult to view that the facts charged in this case is nothing more than the level of temporary recreation in full view of the circumstance in which the facts charged in this case were discovered, gambling place, time, relationship with the gambling person along with money, etc., and there is an error of law that affected the conclusion of the judgment due to mistake of facts and misapprehension of legal principles.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) around 19:50 on December 19, 2019, the Defendant used 52 copies from the F offices located in the Jung-gu Incheon, Jung-gu, Incheon, to return to three persons; (b) divided three persons into seven; and (c) according to the order of the 6 pages on the lower board; (d) the Defendant 100 won (100 won) with three points; and (e) the Defendant 139,000 won (139,000 won) with additional points obtained; and (e) 139,000 won with a total number of money, and 30 saw-to-be.

B. According to the evidence duly adopted and examined by the lower court, the lower court determined that the Defendant, B, C, and D used the rest room of the commercial building for about one hour and 50 minutes at the office used as the rest room of the commercial building in the same Neee-gu, and that the game method was calculated as KRW 100 per each point at the first place of the three points, and the game method was calculated as KRW 139,000 per one by the first place of the three points, and that the amount of the property was 139,000 won. In full view of the time and frequency of gambling, it is reasonable to view that the amount of the property was limited to the extent of temporary recreation, and the relationship between the persons who participated in the gambling and the frequency gambling, etc., it constitutes a case where the crime is not committed under the proviso of Article 246(1) of the Criminal Act.

C. If the above judgment of the court below is examined closely with the evidence duly adopted and examined by the court below and the court below, the judgment of the court below is just, and it is so decided as per Disposition by the prosecutor.