The defendant's appeal is dismissed.

1. The summary of the grounds for appeal was the date and place indicated in the facts charged of the instant case, but the person who gambling as described in the facts charged was the spouse of the Defendant and did not have the Defendant gambling.

Nevertheless, the lower court erred by misapprehending the legal doctrine.

2. In the lower court’s determination as to the assertion of mistake of facts, the Defendant asserted the same as the grounds for appeal in this case, and the lower court rejected the Defendant’s assertion and convicted the Defendant of the facts charged in this case by taking into account the following circumstances as indicated in its reasoning: (a) the Defendant was together with other gambling participants in the room in which the Defendant was stuffed at the time; and (b) the “A” as indicated in the gambling book, appears to be an expression leading to the Defendant.

원심에서 적법하게 채택하여 조사한 증거와 당 심 증인 F의 법정 진술을 종합하면, 이 사건 공소사실 기재 도박은 이른바 ‘ 도리 짓고땡 ’으로, 피고인은 당시 자신의 배우자 H로 하여금 패를 만들고 돈을 걸게 하였으나, 실질적으로 패를 만들고 돈을 걸게 하는 결정은 피고인이 주도적으로 하는 속칭 ‘ 병장’ 역할을 하면서 위 도박을 하였음을 알 수 있으므로, 검사가 제출한 증거에 의하여 이 사건 공소사실은 충분히 유죄로 인정할 수 있다.

Therefore, the judgment of the court below that found the Defendant guilty of the facts charged of this case is just and there is no error by mistake of facts.

The defendant's assertion of mistake is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.