The prosecutor's appeal is dismissed.

1. The summary of the reasons for appeal is that the Defendant’s sponsored balwing balon type with a size of 25 cm provided as free gifts in operating a personal balon balon (hereinafter “the instant seal type”) exceeded 5,000 won.

Therefore, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of legal principles.

2. The lower court rendered a not-guilty verdict of the instant facts charged while sufficiently explaining the grounds for the judgment of innocence.

Examining the evidence duly admitted and examined by the court below in light of the records, the facts, circumstances, and judgment of the court below are justified even if considering the evidence additionally submitted by the prosecutor in the trial, and the evidence submitted by the prosecutor alone alone proves that the facts charged in this case are sufficiently proven to the extent that there is no reasonable doubt.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged in this case is not erroneous in the misapprehension of legal principles, and thus, the prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.