The prosecutor's appeal is dismissed.

The gist of the prosecutor’s appeal cannot be deemed to constitute a case where the instant gambling conducted by the Defendant is merely a temporary entertainment, but the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

However, in full view of the following circumstances acknowledged by the records of the instant case, namely, that the Defendant conducted a campaign in a park and carried out gambling in this case with C et al., who was aware of it, by means of fraud, and by means of gambling in this case; that the winner acquired 4,000 won a total of 4,00 won from other participants at a place open to the public at the lower level of the instant gambling; and that the amount of money that all participants are employed or lost as a result of the instant gambling was 3,000 won or 15,000 won, the instant gambling committed by the Defendant constitutes a case where the instant gambling constitutes a case where the degree of temporary entertainment is merely a mere one. Therefore, the aforementioned assertion is without merit.

Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.