All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

가. 피고인 1) 사실 오인 및 법리 오해 피고인은 이 사건 공소사실 기재와 같이 수십 회에 걸쳐서 도박을 한 것이 아니라, 판돈 2만 원으로 2회 도리 짓고땡 도박을 한 사실이 있을 뿐이고, 이는 일시 오락의 정도에 불과 하다. 따라서 이 사건 공소사실을 유죄로 인정한 원심판결에는 사실을 오인하거나 법리를 오해하여 판결에 영향을 미친 위법이 있다.

2) The lower court’s punishment (an amount of KRW 7,00,000) that was unfair in sentencing is too unreasonable.

B. The Prosecutor 1) According to the evidence submitted by the Prosecutor and the misunderstanding of the legal principles, the Defendant’s gambling habits as indicated in the facts charged can be acknowledged.

Therefore, the judgment of the court below which acquitted the defendant of habitual gambling on the ground that the defendant is not recognized as a habitor of gambling, is erroneous in the misapprehension of legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. 1) Unless there are exceptional cases where maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance trial is deemed remarkably unfair, the appellate court may not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of a statement made by a witness of the first instance trial differs from the appellate court’s judgment (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). The Defendant asserted the same purport at the lower court. The lower court, when each evidence of the judgment, such as the Defendant’s statement made by a witness of the first instance trial together with the Defendant at the time of the instant case, took into account the Defendant’s gambling records, the Defendant s gambling over several times as described in the facts charged, and temporarily recreation.