A. It cannot be deemed that the amount of money discovered at the place of crime of misunderstanding the legal principles, the Defendants failed to disclose the purpose of money properly, and the extent of temporary recreation is limited in full view of the frequency of gambling revealed by the Defendants, occupations, revenues, and property of the Defendants.

B. The sentence sentenced by the court below to Defendant B, which was unfair in sentencing, is too uneased and unfair.

2. Determination

A. Legal principles 1) The limit of illegality in the crime of gambling should be determined specifically by taking into account all the circumstances, such as gambling hours and places, gambling workers’ social status and property level, property level, and circumstances leading to gambling (Supreme Court Decision 85Do2096 Decided November 12, 1985). Accordingly, the Supreme Court held approximately 20 times and 69,000 won in the hullar Game and gambling (Supreme Court Decision 2017Do1388 Decided October 26, 2017). The Supreme Court held that the Defendants were friendly with each other, and that the Defendants did not constitute approximately 30 million won in food and drink for about 30 million won on the day of the instant case (Supreme Court Decision 201Do13838 Decided October 26, 2017).

I considered it.

2) According to the following circumstances acknowledged based on the evidence duly adopted and examined by the lower court and the lower court, the Defendants’ gambling act is merely the degree of temporary entertainment, and its illegality is not recognized.

① The place where the instant gambling was conducted is a general restaurant of a food funeral room in the I market.

Although the prosecutor asserts that the time period in which ordinary customers could not enter after the business was completed at the time, the Defendants merely gone through the time when the business was completed, and the Defendants do not seem to have carried out the above time period with the intention to control the entry of the general public and to engage in gambling in a remotely controlled place.

(2) Gambling circumstances.