[도박][하집1993(2),476]
The case holding that it is nothing more than the degree of temporary entertainment to have 50 million won or 15,000 won, each of which is waiting for other members at a meeting of the friendship council, and to have 50 million won or more per 200 won, each of which is called 50 million won or more.
Article 246 of the Criminal Act
[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Doz., Attorneys Park Jae-young et al., Counsel for plaintiff-appellant)
Defendant 1 and four others
Defendants
Seoul Southern District Court Decision 200Na4479 delivered on January 21, 1993
The judgment of the court below is reversed.
Defendants are not guilty.
The summary of the grounds for appeal by the Defendants is as follows: (a) it was true that the Defendants took a stop called stop, like the fact at the time of the original judgment; (b) however, it is limited to the extent of temporary recreation, but the lower court’s conviction was erroneous by misapprehending the legal principles of gambling, thereby adversely affecting the conclusion of the judgment; and (c) the second point is so unreasonable that the sentence of the lower court is too unreasonable.
In full view of each protocol of interrogation of the Defendants prepared by the court below as evidence and each statement at the court below and the court court of the first instance as to the Defendants, the Defendants are all engaged in each occupation listed in the first head of the facts charged at the time of the instant case, and have been receiving KRW 50-80,000 per month. Around that time, the Defendants are working in the vicinity of the Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, the place where the instant high-saw saw saw saw saw saw saw was located, or are living in the vicinity thereof, and they are well-known with usual dong. On September 14, 1992, the Defendants had saw saw saw saw saw saw saw 10,000 won and 50,000 won and 10,000 won and 50,000 won and 10,000 won and 50,000 won and 10,000 won and 10,000 won, respectively, respectively, respectively.
Therefore, considering the circumstances, time, place, the amount of the money sold, the defendants' occupation and profit-making level, and the purpose of solitary money, the above act of the defendants is merely a temporary entertainment, but the court below erred by misapprehending the legal principles on the crime of gambling in the form of a crime of gambling, which ruled that the court below erred by misapprehending the legal principles on the crime of gambling in the form of a crime of gambling, and therefore there is a ground for appeal by the defendants pointing this out.
Therefore, a party member shall reverse the judgment of the court below in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
The summary of the facts charged of this case is as follows: "Defendant 1 is a person running the Sinsan-dong (trade name omitted) in Yeongdeungpo-gu Seoul Metropolitan Government; Defendant 2 is a member of the Sinsan-dong Special Press Team located in Yangcheon-gu Seoul Metropolitan Government; Defendant 3 is a person working for the labor; Defendant 4 is a goldcheon Engineering member located in Gangnam-gu Seoul Metropolitan Government; Defendant 5 is an employee of the Namcheon-dong in the Namcheon-dong located in Yeongdeungpo-gu, Seoul Metropolitan Government; from September 14, 1992 to 20:40 on the same day, from September 14, 1992 to 19:30 on the same day, 50 won and 1,500 won and 1,500 won each at 70,000 won and 700,000 won each; Defendant 4 is a person working for the labor; Defendant 5 is an employee of the Geumcheon-dong, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul Metropolitan Government.
Judges Kim Tae (Presiding Judge)