상습도박등
1. The part of the judgment of the court below that acquitted Defendant O shall be reversed.
Defendant
O Of the facts charged.
1. Summary of grounds for appeal;
A. Fact-misunderstanding 1) Defendant O, P’s assertion of fact: DefendantO, P’s fraud by N and L is victims of gambling, and thus, the crime of habitual gambling or aiding and abetting gambling is not established.
2) Prosecutor’s assertion of mistake as to the Defendants: In full view of N, L, and D’s statements, etc., the Defendants’ receipt of money by threatening victim N is recognized, and thus, the crime of intimidation is established against the Defendants.
B. As to the punishment that the court below sentenced to the defendants (DefendantO: 6 months of imprisonment, 2 years of probation, 2 years of probation observation and community service work, 80,000 won of imprisonment, 5 months of probation and 500,000 won of probation, 2 years of probation observation, and 80 hours of probation, Defendant P: 5 months of probation, 2 years of probation observation and community service, 80 hours of probation, Defendant P: 5 months of probation, 2 years of probation, 2 years of probation observation and community service, 80 hours of probation), DefendantO and P alleged that the prosecutor is unfair because each sentence against the defendants is too uneasible.
2. Judgment on the assertion of mistake of facts by Defendant O and P (Article 1 of the judgment below)
(a) Paragraph (b)
A. DefendantO and P have been convicted by recognizing this part of the facts charged at the lower court, and they have filed an appeal to the same effect as the grounds for appeal.
B. The following circumstances revealed by the evidence duly adopted and investigated by the lower court, namely, ① N/L fraud was committed.
The objective data to determine the person is not submitted, ② from Defendant O, P, N, and L’s “Malock Card” alleged to be used for gambling, the N, L’s fingerprints was not detected, and the source of the Maling Card is unclear, ③ the head of the instant gambling card is replaced from time to time by the card when gambling is gambling. The Defendant O’s string card was cut off at the instant gambling site. The first-mentioned of the judgment of the court below that the instant gambling card was cut off from the instant gambling site.
(a) At the time of navigational gambling;
There is no evidence to see, 4. F, together, gambling, at the police station, the defendant O.