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(영문) 대전지방법원 2017.05.25 2016고단3400

사행행위등규제및처벌특례법위반

Text

The defendant shall be innocent.

Reasons

1. A person who intends to engage in speculative activities as a person who operates a party hall with the trade name "D" in the Dong-gu Daejeon District Office C shall obtain permission from the Commissioner General of the Local Police Agency.

Nevertheless, for May 14, 2016, the Defendant, without obtaining permission from the Commissioner General of the Daejeon Regional Police Agency, installed one e-electronic artstter game machine on the side of the above Kashter, and operated a speculative act by allowing customers who find the above 1,000 won, 5,000 won, and 10,000 won, to use the 1,000 won, and to gain the score on the screen of the same tash.

2. Determination

A. The Defendant consistently asserted that, from the investigative agency to the present court, the Defendant used only one of the instant game equipment for personal use when acquiring the funeral room recorded in the facts charged (hereinafter “instant game machine”) from the instant investigative agency to the instant court, and the Defendant used only one of the instant game equipment for personal use. On the date of crackdown, the Defendant did not engage in speculative business by providing the instant game machine for his own 5,000 won in the instant game machine.

B. The establishment of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which leads a judge to have the degree of having no reasonable doubt. Thus, in a case where the prosecutor’s proof does not sufficiently reach the extent of ensuring such conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.

(c)

In light of the above evidence, there are records of seizure and list of seizure, which correspond to the facts charged in this case, and according to the above evidence, the defendant installed the game of this case in the party room and the game of this case.