The defendant shall be innocent.

2. Determination

가. 공소사실의 요지 피고인은 A, C, D, E, F, G, H, I, J등과 함께 2011. 12. 21. 22:30경부터 다음날 00:20경까지 서울 동대문구 K건물 1711호 거실(이하, 이 사건 현장)에서 화투 20장을 이용하여 5장을 도박판에 있는 사람에게 배분한 후 끝수가 높은 사람이 이기는 속칭 ‘도리짓고땡’이라는 도박을 하였다.

B. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the court below and the court below.

① On December 21, 2011, the police called the scene of this case, and arrested 25 persons, including the Defendant and the J, the lower court, as a flagrant offender in the crime of gambling.

② At the time of the instant search and seizure, the police, at the same time, voluntarily produced cash possessed by the criminal suspect, and the criminal defendant refused to voluntarily submit Chapter Two thousand won, Chapter Six thousand won, one thousand won, and one thousand won. The police did not seize the cash without a warrant.

③ At the time when the police was arrested in the act of committing an act in the line of duty, the J stated that all people, other than themselves, who flicked with money, are women. At the time when the police was arrested in the act of committing an act in the line of duty, the police first stated that the Defendant was the Defendant at the time when the police was flick with the police.

④ The witness of the political party stated that L, in the police station, N, andO accompanied by him did not gamble all, and the investigator stated that he had been able to take Hand-phones and the Defendant was frightened at the site of this case. The prosecutor stated that the Defendant had been frightened by the prosecutor, and the Defendant was frightening with money in the gambling board. However, in the trial of the political party, the witness does not know what he knows and what he knows at the site of this case.