beta
(영문) 수원지방법원 안산지원 2014.07.17 2014고단800

도박

Text

The defendant shall be innocent.

Reasons

1. On March 31, 2014, from around 15:30 to 16:20 the same day, the Defendant saw the following: (a) the Defendant: (b) from the office of “D organization” located in Ansan-gu, Busan-si, the Defendant 3 and 100 won per point using 48 chemical speculation; and (c) the Defendant 100 won per point; and (d) the Defendant 3 points in the first place of the charge called “high-saw” method.

2. In full view of the following circumstances revealed in the instant argument, namely, the Defendant and the participants of the Gotosaw are members of the D organization when they are older than 65 years old, the location of the Gotosaw was the office of the D organization, and the total amount of the money provided to Gotosaw was limited to several thousand won, etc., the Gotosaw as indicated in the facts charged is merely the degree of temporary entertainment. The evidence submitted by the Prosecutor alone is insufficient to acknowledge that the above act constitutes gambling exceeding the degree of temporary entertainment, and there is no other evidence to prove otherwise.

Thus, the facts charged in this case constitute a case that does not constitute a crime, and thus, is acquitted under the forepart of Article 325 of the Criminal Procedure Act.