도박
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. In full view of the fact-misunderstanding and legal principles of the Defendant’s statement, the background of seizure, and the content of gambling, the lower court found the Defendant not guilty of this part of the lower judgment, on the grounds that it was sufficiently recognized that the Defendant borrowed one million won from G, and that it was used for gambling. Therefore, the lower court erred by misapprehending the facts and by misapprehending the legal doctrine.
B. The sentence sentenced by the lower court to the Defendant (a sum of KRW 1.5 million) is too unhued and unfair.
2. Judgment on the grounds for appeal
A. On November 24, 2017, from around 20:30 to 21:40 on the same day, the Defendant, along with C and D, carried out gambling using the F real estate office located in Ulsan-gun E, Ulsan-gun, by dividing seven chapters by means of card 52, and the person whose scores are less than the pattern and number are written, and subsequently, in a manner of adding up KRW 1,000, 2,000 to KRW 1,626,000 in annual order, from the person whose scores are written, and thereafter, 30 times in total, called “hullar.”
B. The lower court rendered a not guilty verdict on this part of the facts charged on the grounds that it is difficult to recognize that the part of KRW 1 million among the facts charged was a gold for gambling by the sole basis of the evidence submitted by the prosecutor on the ground that the evidence presented by the prosecutor was based on the adopted evidence as follows.
① The amount of 1,00 won, 2,000 won, which is the method of making payments in sequence of 1 to 2,000 won, is limited to 206,000 won, or 11,000 won (39,000 won, 50,000 won, and 39,000 won, which has been seized) for gambling in one time or her to the maximum extent possible to be ancillary, and the amount seized by D. ② The scheduled hours of gambling was also limited to 1 to 2 hours, and actually gambling was performed from 8:0 to 40:40,00 won, which was arrested as the current offender from 8:0 to 8:00.
(3) The fact that the defendant lent one million won to a table is recognized as gambling, but D is also about the reason.