도박
Defendants are not guilty.
1. The summary of the facts charged: (a) from November 18, 201 to 15:09 on the same day, the Defendants: (b) took up 7 each by using 52 documentary cards in the Do real estate office in Chungcheongnam-gun, Chungcheongnam-do; (c) and (d) a person who possesses the same number or continuous non-final pattern card; (b) a person who has a card in the same number or series of the same non-final pattern, in accordance with the provisions of the agreement, such as the abandonment of the card, took the card by a person who has the largest number of card numbers broken up or carried out by her hand, with the highest number of card numbers written off at hand, the Defendants 1,00 won, 2,000 won, 3,000 won in total eight times in the order of a plaque, and 138,000 won in total.
2. The Defendants’ assertion that “hulhulh” was admitted as the facts charged, but this is merely a temporary entertainment, and thus there is no illegality.
3. Determination
A. The limit of illegality in the crime of gambling should be specifically determined by referring to all circumstances, such as the time and place of gambling, the social status and property level of gambling persons, the nature of property, and other circumstances leading to gambling.
(see, e.g., Supreme Court Decision 2008Do5018, Aug. 21, 2008). B.
In this case, the health team, the evidence duly adopted and examined by the court, and the following circumstances acknowledged by the data submitted by the defendant, namely, ① the hours of gambling performed by the defendants are lower than 2 p.m., the time and place of gambling was limited to 2 p.m., and the location was not confidential for others to frequent access from time to time, ② the defendants had certain incomes and did not intend to gain unjust profits from the gambling of this case. ③ The defendants’ “hulullar” had a certain amount of gambling, and ③ the defendants’ “hululullar” had a certain amount of gambling, and the sum of the amounts offered for the gambling of this case is not large to 138,00 won, and it is difficult to take or lose a large amount of money due to the characteristics of the game, and ④ the gambling of this case is in pro rata relationship.