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무죄
(영문) 서울형사지법 1988. 3. 3. 선고 87고단7075 판결 : 항소

[상습도박등][하집1988(1),529]

Main Issues

Gambling and temporary recreation

Summary of Judgment

In the so-called Go-called Go-to-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-Sto-S to-S to-S to-S to-S to-S to-S to-S to-S to-S to-S to-S to-S to-S to-S to

[Reference Provisions]

Article 246 of the Criminal Act

Reference Cases

[Plaintiff-Appellant] 85Do2096 decided Nov. 12, 1985 (Article 246(25) of the Criminal Act, Gong767-1, Gong792)

Escopics

Defendant 1 and two others

Text

Defendants are not guilty.

Reasons

The facts charged of this case are:

The Defendants are those who serve as the external board of a non-special-purpose shop for neglected oil business;

1. Defendant 1, habitually from around 17:00 on the lower end of August 1986 to around 22:00 on the same day, habitually 100 on the three pages of Defendant 2, Nonindicted 1, etc. in Seoul (detailed address omitted), 100 won per point by using approximately 60 sheets, and gambling 11 times in the attached list of crimes; and

2. Defendant 2 habitually gambled with Defendant 1 and Nonindicted Party 1 in the same date and time as in paragraph 1 above, at the same place as in paragraph 1 above, with approximately approximately 60 saw 'Stop' in the above manner, as well as attached Table 1, 2, 3, 5, 6, 7, 7, 8, 9, 10, and 10 times in each of the following crimes:

3. From 18:00 on the lower order of December 1986 to 22:00 on the same day, Defendant 3 1, along with Defendant 1, Nonindicted 2, etc. in the same place as described in paragraph (1) of the above paragraph of the above Article, she saw her 's 's 's 's 's 's 's 's 's '' over about 48 ' in the above method as described in the attached list of crimes 4, 6, 7, 8, and 9. Therefore, according to each suspect examination protocol against Defendant 1 and 2 of the prosecutor's preparation, as shown in the attached list of crimes, the defendants 1 and 11, Defendant 2, Defendant 3, and Defendant 3, as recorded in the attached list of crimes, have been recognized to play 's 's 's 's 's 's ' in the front and rear '.'

However, according to the defendants' statements and records in this court, the defendants raised profits of more than 30-40,000 won monthly income as the external members of the non-special agreement shop of the neglected oil company, and they jointly drink with drinking, such as drinking, drinking, etc., in a month, once a month, once a month, or twice a month, after the completion of the work, at the same time, after the completion of the work day, 100 won to be paid to 500 won or more at the same time or at the office of the Dong rental house or the office of the workplace, and 500 won to be added to 500 won each time the two points are raised. The amount prepared by one person was about 15,00 won, and it is also recognized that the amount of money prepared by him was about 15,00 won.

In light of the above facts, it is reasonable to view that the extent of temporary entertainment between the above chemical entertainments performed by the Defendants does not exceed the extent of temporary entertainment, and further, it is difficult to view that the above chemical entertainments conducted by Defendant 1 and Defendant 2 are the habitual gambling of the players. Moreover, even if based on the prosecutor’s prior proof, there is no evidence to acknowledge the habitual gambling of Defendant 1 and Defendant 2.

Thus, the above facts charged against the Defendants constitute a crime or a crime without proof, and thus, the Defendants are acquitted under Article 325 of the Criminal Procedure Act.

Judges Oi-devise