도박장소개설
All appeals by the Defendants and prosecutor against Defendant A are dismissed.
1. Summary of grounds for appeal;
A. Defendant A’s sentence of the lower court (eight months of imprisonment) is too unreasonable.
B. Defendant E’s misunderstanding of facts: The Defendant merely went to a gambling place and did not go to a gambling place.
However, the judgment of the court below which convicted the defendant is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2) Improper sentencing: The sentence of the lower court (an amount of KRW 5 million) is too unreasonable.
(c)
The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.
2. Determination
A. In full view of the following circumstances revealed by the evidence of this case regarding Defendant E’s assertion of misunderstanding of facts, the Defendant’s gambling room in this case is sufficiently recognized.
Therefore, the defendant's assertion of facts is without merit.
① The Defendant, at the investigative agency, tried to make soup to C and soup, did not enter the soup room at the soup room, and instead, did not know about the soup room, and stated to the effect that he did not go to the soup at the soup room and did not go to the other.
However, in light of the place, time, C, etc. at which the instant gambling place was opened, and the process of attracting participants in the gambling, etc., the Defendant’s assertion that the instant gambling was conducted with the gambling guidance and gambling according to C is difficult to believe with the Defendant’s argument.
② The B, C, D, andO made efforts to open a gambling house at night with a penture and to maintain security, such as cutting off the house closely with only those who contact with them.
Between Defendant 1 and C in the instant gambling place are only persons who are engaged in gambling to maintain security when recruiting people at an investigative agency, and there is no person who is merely engaged in gambling.
The statement was also made.
(3) The I, J, and B have stuffed all persons who were on the spot at an investigative agency.