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(영문) 서울중앙지방법원 2017.08.09 2016고정3430 (1)

도박

Text

The defendant shall be innocent.

Reasons

1. 공소사실 피고인과 C는 성명 불상자 2명과 함께 2016. 6. 25. 03:20 경 서울 관악구 D에 있는 E 공원에서 화투 20 장을 사용하여 선이 판돈을 걸고 다른 사람은 선의 판돈 범위 내에서 돈을 걸고 선을 포함, 한 사람당 화투 5 장씩을 분배한 후 화투 3 장으로 끝 수가 0이 나오도록 만들고, 나머지 두 장의 끝 수가 높은 패가 판돈을 가져가고 선의 판돈이 떨어지면 다른 사람으로 선이 넘어가는 방법으로 판돈 100,000원을 걸고 수회에 걸쳐 속칭 ' 도리 짓고땡' 도박을 하였다.

2. In full view of the following circumstances, the evidence submitted by the prosecutor alone is insufficient to acknowledge the instant facts charged, and there is no other evidence to acknowledge otherwise.

(1) The Defendant is operating a packing horse around the instant place.

The Defendant, as ordered by F, roasting, roasting, roasting, and delivering to the instant place.

② In the video image of a cell phone video recorded by a police officer in the place where the crime of this case was committed, there is a head of the Security Department, but there was some of the gambling money in which the Defendant, who had been seated around a gambling place after a certain period of time, was in a fireproof board. However, there is no fact that the Defendant saw or stuffed and stuffed by the police officer.

If the witness G, who is a police officer dispatched to the site of this case, seems to correspond to the facts charged in this case, the statement seems to be merely a presumption that the defendant would have been making the instant gambling because the defendant was seated around the bar.

③ On the other hand, the witness F had been delivered to the site of this case by roasting, roasting, roasting, roasting, and roasting, which the Defendant ordered by F, and the witness F merely dices the Defendant who wn at the place of the Defendant on the wind of drinking and drinking.