The prosecutor's appeal is dismissed.

1. In light of the evidence consistent with the facts charged in the instant case and all the circumstances recognized in the record, the court below erred by misapprehending the facts or by misapprehending the legal principles by understanding the “the level of temporary recreation”, which is the reason for the illegality of gambling, solely based on some circumstances, and thereby adversely affecting the conclusion of the judgment.

2. The summary of the facts charged is as follows: (a) from around 19:30 on November 8, 2014 to 20:30 on the same day, the Defendant, using the card 52 from a container container office for tourist buses in Daegu-gu, Daegu-gu, by using the card 52; (b) and (c) a person who has a serial number of the same number or the same pattern of non-satis in line with the agreed rules, such as thrown away the card, and (d) a person whose sum of the number of the cards dumped or possessed by satisfing the card in his hand is the smaller, and (e) a person who satisfyed the card 1,00 won or 2,000 won who satisfy is paid to the winners.

3. Determination

A. After recognizing facts as indicated in its holding, the lower court rendered a judgment on the facts charged on the ground that the illegality of gambling by the Defendant is excluded as it is merely a temporary entertainment, in view of the following: (a) the background of gambling in the instant case; (b) the amount of the property in the instant case as indicated in the said facts; and (c) the method and frequency of gambling; and (d) the method and frequency of gambling.

B. (1) The reason for punishing the crime of gambling under Article 246 of the Criminal Act is to protect the sound moral rules relating to economy by punishing the acquisition of property, which is not by legitimate labor, and the punishment is not in violation of the right to pursue happiness or the freedom of privacy guaranteed by the Constitution. If the legislative purport of the same Article is to cultivate and protect sound work consciousness, the general public’s resolution of the physical and mental tension by making use of leisure time.