The prosecutor's appeal is dismissed.

1. The lower court acquitted the Defendants of the facts charged of this case, which erred by misapprehending the legal doctrine or adversely affecting the conclusion of the judgment, even though it is difficult to view that the Defendants were merely temporary entertainment in light of the summary of the grounds for appeal, the size of the advertisement, the amount distributed from the one-time gambling, the background leading up to the Defendants’ gathering, the income level of the Defendants, and the time for gambling.

2. The illegality of the crime of gambling, such as whether it is merely a temporary entertainment, should be determined specifically by referring to all the circumstances, such as the time and place of gambling, social status and property level of gambling, the nature of property, and other circumstances leading to gambling.

(See Supreme Court Decisions 85Do2096 Decided November 12, 1985; 2010Do9018 Decided September 9, 2010, etc.). Examining the reasoning for innocence and the records of this case in light of the aforementioned legal principles, a thorough examination is conducted by comparing the reasoning for innocence of the lower judgment in light of the aforementioned legal principles, the lower court, along with the reasons stated in its reasoning, deemed that the act of gambling by the Defendants is merely a temporary entertainment and thus, it cannot be recognized as illegal, and thus, it is reasonable to determine the Defendant not guilty of the facts charged of this case. Therefore, the Prosecutor’

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