도박개장방조
Defendants are not guilty.
1. Around June 12, 201, the summary of the facts charged is as follows: (a) around June 12, 201, he/she was equipped with the facilities, such as the table 111 and 702, Gangnam-gu Seoul E Apartment 111 and 702, and used his/her name with chipers and employees; (b) had many unspecified gambling participants exchange the chip with the chip with the chip, and (c) one of the “flass” and “banks,” and (d) one of the “brus” and “banks,” and the number of card numbers in the card 2 card from the above gambling participants, which is similar to “9”, was opened for profit-making purposes.
On the same day, the Defendants: (a) in the vicinity of the entrance of the apartment house at the entrance of the above apartment house; (b) knew of the circumstances that D was conducting gambling opening for the purpose of profit-making as seen above, she aided and abetted D’s gambling opening act by allowing D to escape by communicating D with the cell phone in possession, confirming whether D was called out of the patrol car and the moving route; and (c) by facilitating D’s gambling opening act by promptly moving B’s gambling equipment to another place on the truck and removing the site where it is controlled.
2. First of all, we examine the admissibility of the statements made by the Defendants to the effect that the Defendants led to the instant crime before G and H, a police officer in charge of investigation of the suspect of the police, among the respective legal statements made by G and H.
Article 316 (1) of the Criminal Procedure Act is admissible as evidence only when it is proved that a statement made in a preparatory hearing or a trial by a person who is not the defendant (including a person who has investigated the defendant as a suspect before the institution of public prosecution or has been involved in such investigation) has been made in a particularly reliable state, and the statement was made in a particularly reliable state.
[Attachment].]