Of the judgment of the court of first instance, the part against Defendant A, C, and R in the judgment of the court of first instance, and the judgment of the court of second instance.

1. Summary of grounds for appeal;

A. The Defendant did not have opened a gambling place as shown in the instant facts charged.

B. Each sentence imposed on the Defendants [Defendant A: 2 years of imprisonment (the first instance court); 5 months of imprisonment (the third instance court); 3 years of imprisonment (the first instance court); 10 months of imprisonment and fine 3 million won (the third instance court below); 2 years and six months of imprisonment (the second instance court below); 8 months of imprisonment (the third instance court below); 8 months of imprisonment: Defendant P; 8 months of imprisonment with labor; 8 months of imprisonment with labor; and 8 months of imprisonment with labor) are too unreasonable.

2. The judgment of the court below on the grounds of appeal by the above defendants A, C, and R ex officio prior to the judgment on the grounds of appeal by the above defendants, as to the judgment of the court below by the defendants A, A, and C, as the defendants R filed each appeal against the judgment of the court below by the second and third times, each appeal case was tried in the court of the first instance. As long as each of the above defendants' criminal facts against the above defendants is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be made simultaneously and a sentence should be imposed. In this regard, all of the part of the judgment of the court below against the above defendants cannot be maintained.

However, the defendant C's assertion of misunderstanding of facts is still subject to a trial by this court despite the above reasons for ex officio destruction, and this is examined below.

3. Judgment on Defendant C’s assertion of mistake of facts

A. The first instance court rejected the Defendant’s assertion and its defense counsel’s determination in detail under the title “determination on the Defendant and his defense counsel’s assertion” under the title of “decision on the Defendant and his defense counsel’s assertion” in the lower court’s judgment.

Examining the evidence duly adopted and examined by the court below and the court below, the above fact-finding and judgment of the court below are justified.

(b)in addition, several persons are examined.