The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal is as follows: (a) the Defendant was recommended by S to go to the drinking house of S management, and S was to go to the instant gambling house, and (b) the Defendant was taken to go to the instant gambling house at all on the wind, and (c) the Defendant was placed to go to the instant gambling house, but there was no participation in the instant gambling only when other people go to gambling in the said gambling house.

2. Determination

A. The following circumstances revealed from the evidence duly adopted and examined by the court below and the court of first instance as to the assertion of mistake of facts. ① O who was employed as the warehouse of the instant gambling place is consistently expressed by the investigative agency that the defendant was stuffed by the defendant, and the defendant is specific memory up to the location where the defendant was stuffed (No. 97 of the investigation record No. 1 andO do not have accurate memory as to whether the defendant was stuffed due to many people in the instant gambling place during the third trial of the court of first instance, and one of the defendants' daily activities at the time was thought to have reported the instant gambling, and appraisal was not good at the investigative agency, but the defendant testified to the effect that the defendant was stuffed by the court of first instance. However, as seen earlier, it is difficult forO to explain that the defendant was stuffed by the investigative agency to the extent that it was 50 days in prison at the time of the defendant, and even if it did not have any reason to believe that he was 70 days in prison by the court of this case No. 97.