Where the defendant does not pay the above fine, 100,000 won shall be one day.

On July 25, 2014, from around 21:30 on the same day to around 22:10 on the same day, the Defendant, along with C and D, had a person who first pays three points by using Chapter 51, a person who first 3 points by using Chapter 51, and a person who first 3 points by adding three points to KRW 1,000 for additional two points, and KRW 1,000 for each additional two points.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect examination committee for G, H, I, J, K, C, and D;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photograph description;

1. Article 246 (1) of the Criminal Act applicable to the facts constituting the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant asserts to the purport that the illegality should be excluded as a legitimate act, since the defendant's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act is merely a case of temporary entertainment.

The reason for punishing gambling in Article 246 (1) of the Criminal Code is to protect the law of sound morals of economy by punishing the acquisition of property not by legitimate labor.

However, the punishment cannot infringe the right to pursue happiness or the freedom of private life guaranteed by the Constitution, and as long as the legislative purport of the above punishment provision is to cultivate and protect sound labor awareness, the level of small-scale recreation in which ordinary people use leisure time to resolve the tensions of ordinary people should be allowed even if it is permitted from the perspective of the national policy. Therefore, gambling acts which are merely temporary entertainment under the proviso of Article 246(1) of the Criminal Act shall not be punished.

In this regard, the time and place of the instant gambling in order to determine whether the instant gambling act was merely a temporary entertainment, as alleged by the Defendants, in light of the legal purport, the time and place of the instant gambling.