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(영문) 대전지방법원 2014.08.12 2014노29

도박

Text

The judgment of the court below is reversed.

Defendant

A and C Each fine of KRW 300,00,00, Defendant B, D, and E shall be fine of KRW 100,000.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) Defendant A, B, C, D Defendant A, B, C, and D (hereinafter “Defendant A, etc.”)

The instant act is merely a temporary entertainment level in light of the time and the amount per time, etc., and thus does not constitute the crime of gambling. (2) Defendant E’s gambling act was started by chance, and Defendant E did not provide the card and place used for the instant gambling, and thus, the crime of gambling does not constitute the crime of gambling.

B. The sentence of unfair sentencing (Defendant A, Defendant B, and D: each fine of KRW 500,00,000,000,000,000 for each fine of KRW 700,00,000,000 for Defendant E) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and misapprehension of legal principles regarding Defendant A, etc. were duly adopted and investigated. ① The instant gambling was conducted over about 50 minutes and 20 minutes from the country room in the fireworks house operated by Defendant E. The inside room is a space in which the lower court was established as a panel, and the fireworks door door was opened and opened, and it cannot be seen at all. ② The Defendant A et al. started gambling with both personal taxi drivers. ② At the time of control, Defendant A et al. started gambling with the 112,00 through 231,00 won. At the time of control, the amount offered to the instant gambling was 659,000 won in total, ③ the details leading up to the Seoan Police Station in Daejeon, and MN had no contact with the Defendant from the region in which the instant gambling was conducted, and the Defendants were subject to punishment until the time he was arrested.

The defendant A et al.'s assertion is without merit.

(b).