All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. The court below found Defendant E (Deficul) guilty of the facts charged in the instant gambling and aiding and abetting, although Defendant E did not provide Defendant A, etc. with a card and military appearance, and the Defendant was fully aware of the fact at the time of the instant case. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Defendant A, B, and D (Definite or misunderstanding of legal principles) committed an hullar Game to play a singing room after completing meals, which is limited to the extent of temporary entertainment, but the court below convicted the facts charged of the instant gambling. The court below erred by misapprehending the legal principles on the degree of temporary entertainment in the crime of gambling, or by misapprehending the legal principles on the degree of temporary entertainment in the crime of gambling.

2. Determination

A. As to Defendant A, B, and D’s assertion of mistake of facts or misapprehension of legal principles, whether gambling constitutes gambling prohibited under the Criminal Act or merely temporary recreation should be determined by taking account of various objective circumstances, such as the time and place of gambling, the degree of value of the property in gambling, the social status of the persons who participated in gambling, the degree of property, and the use of gains from gambling (see, e.g., Supreme Court Decision 84Nu692, Apr. 9, 1985). 2) The evidence duly adopted and examined by the lower court is acknowledged based on the following circumstances.

① The Defendants completed meal at the “I restaurant” located in Daejeon-gu, Daejeon-gu, Defendant E’s operation, and operated approximately 20 hours from around 21:00 to about 22:30 minutes from around 21:0 to about 20 minutes, and hullar (hereinafter “hullarb”).

② At the time of the instant case, the entrance of the I cafeteria was set off inside, and the Defendants: (a) at one room among several rooms located in the cafeteria, the Defendants ambulhh in the instant case; and (b) the Defendants were hulhhulh.