The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The Defendant, as to the summary of the grounds for appeal by the defense counsel, did not establish a gambling place for profit-making purposes, only some of those who were engaged in gambling in the E-penta (hereinafter “instant penta”) located in Ansan-si, Ansan-si.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case and erred by mistake.

In light of the fact that there is no profit for the Defendant to commit the instant crime, and that there is no risk of re-offending as well as that there is no risk of re-offending, the sentence of the lower court that sentenced one year to imprisonment is too unreasonable.

Judgment

Before determining the ground for appeal on the ex officio judgment, we examine it ex officio.

A prosecutor shall make a motion to amend a bill of amendment to the indictment to "(10%) of the facts charged," "(10,000,000 won or more so that he/she collected 10% fees from solitary persons, and he/she gathered with a device)"(12) of the 12 act(s) as "the 12 act changed to "the 30,000 won or more so that he/she had scambling and scambling for profit by making others do gambling, thereby opening scambling for profit," and the judgment of the court below may no longer be maintained.

However, despite the above reasons for reversal of authority, the defense counsel's assertion of mistake is still subject to the judgment of this court.

사실 오인 주장에 대한 판단 원심과 당 심이 적법하게 채택하여 조사한 증거들에 의하여 인정할 수 있는 다음과 같은 사정들, 즉 ① F은 이 사건 당일 경찰에서 조사를 받으면서 “ 길게 담요를 깔아 놓고 도리 짓고땡 식으로 하는 줄도 박을 3~4 회 정도 하였고 하우스 장은 피고인으로 알고 있다” 라는...