The prosecutor's appeal is dismissed.

According to the evidence presented in the summary of the grounds for appeal, the defendant can be recognized as gambling as stated in the facts charged.

Therefore, the judgment of the court below which acquitted the facts charged is erroneous by misunderstanding the facts and affecting the judgment.

Judgment

가. 공소사실 피고인은 2014. 11. 15. 15:00 경부터 24:00 경까지 광주 동구 C에 있는 D의 집에서 D, E, F, G, H와 함께 1회에 판돈 5만 원씩을 걸고 화투를 이용하여 수십 회에 걸쳐 속칭 ' 도리 짓고땡' 이라는 도박을 하였다.

B. The lower court determined as to the facts charged: ① the statement at the investigative agency and the court of the lower court, which correspond to the facts charged in the instant case, was at the scene of gambling.

The objective evidence proving that M, K, and J did not appear in the actual gambling site was submitted, or it was not subject to a disposition of non-prosecution on the ground that it was unclear whether or not the defendant was in the gambling site as a result of a large examination, and that it was difficult to believe that the investigation agency did not examine the defendant and E, and ② G made a statement corresponding to the facts charged in this case at the investigation agency, but at the investigation agency, G reversed the statement as to whether other participants other than the defendant were in the gambling site. However, at the court of the court below, the court below stated that the defendant was in writing in the gambling site but did not make a clear statement as to whether the defendant was in the gambling site, and it was difficult to believe in light of the fact that the evidence submitted by the prosecutor alone was insufficient to prove that there was no reasonable doubt as to whether the defendant was in the gambling site.

It is difficult to see

Based on the judgment, the defendant was acquitted.

In full view of the evidence submitted, the judgment of the court below is just, and the prosecutor's assertion of mistake is without merit.

3. In conclusion, the prosecutor’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.