The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) Defendants and accomplices did not regard them as members of the dance club as those who had been punished for gambling, and gambling was conducted at a place which was interrupted from the outside of the dance club at the latest night. In light of the financial status of the Defendants and accomplices who did not have adequate or fixed income, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, thereby finding the Defendants not guilty of the facts charged in this case.

2. Determination on the grounds for appeal

A. The summary of the facts charged is as follows: (a) from around 21:50 on February 21, 2018 to 22:10 on the same day, the Defendants: (b) held KRW 125,840 in a “F store” located in Ulsan-gu E, Ulsan-gu; and (c) divided by seven copies each; (d) three remaining persons, other than a paramount or luminous person, who run a game and paid at least three points first, receive approximately 100 won each from the person who saw up to 10:50 on 10 occasions the person who saw up the game.

B. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court rendered a not guilty verdict on the instant facts charged on the ground that the gambling of the instant facts charged was merely a temporary entertainment, and the evidence submitted by the prosecutor alone cannot be deemed unlawful.

① Both Defendants, C, G, H, and D et al. worked for dancing club members for more than one to two years. In order to attract the opening of the F shop operated by a member of the same club, the Defendants, C, H, and D had a meeting at the same place.

② The place in which the Defendants saw the so-called “Stop” is the place in which others frequently have access to the restaurant, and is not a place in which others frequently have access, but a place specially prepared for gambling.