The prosecutor's appeal is dismissed.

1. In light of the gist of the grounds for appeal (misunderstanding of facts and misapprehension of the legal principle), the evidence submitted by the Prosecutor, the Defendant’s gambling act exceeded the level of temporary recreation.

Therefore, the judgment of the court below which acquitted the defendant on the ground that it constitutes a temporary entertainment is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. In full view of the detailed circumstances as stated in its reasoning, the lower court rendered a judgment of not guilty on the ground that gambling as stated in the facts charged of this case is not limited to the level of temporary entertainment and thus, its illegality cannot be recognized.

In light of the records, the judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the prosecutor.

The prosecutor's assertion is without merit.

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.