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(영문) 서울동부지방법원 2015.08.12 2015노391

도박

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding or misunderstanding of legal principles) stated to the effect that F, and I, from among those who participated in gambling, the police, immediately after the on-site arrest, the Defendant was identified as a gambling participant, and that it is not well memory at the lower court after the lapse of several months, but credibility of the statement may be given in a living situation immediately after the arrest.

In addition, H in charge of the so-called “rawlsing” stated to the effect that the part concerning the Defendant was stated in the “Memb to settle down the chips later at the time of control.”

Ultimately, since the facts of gambling are fully recognized, the judgment of the court below which acquitted the defendant of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) on October 2014, in order to open a private casino, E borrowed from AE, a branch of the land in Songpa-gu Seoul Metropolitan City, 101 Dong 1506 (hereinafter “the instant gambling place”); (b) on the counter-influencing c apartment 101 Dong 1506 (hereinafter “the instant gambling place”); (c) on the counter-influcing original deposit, table table, table table, line, card box, card box, chip, two seconds, chairs, etc.; and (d) on the part of the person whose name is unknown, the person who prepared to be in the name was dispatched to the control police officer, supervised the visitors as gambling place, and opened a gambling room, and had M, T,V, Q, etc. with the card with the gambling participant.

E contact with a person who became aware of in Pyeongtaek Mannland, etc. and came to the place above, and let the person participating in gambling, such as D, G, J, and Defendant, enter the same month from November 2, 2014 to the same place.

3. From 19:10 to 19:10, a chip equivalent to the sum between KRW 10,000 to KRW 100,000 is placed on one side of the “Plaser” and “banker,” and a one-person whose total number of the cards is equal to that of KRW 9.