Defendants are innocent.

1. 공 소 사 실 피고인들은 D과 함께 2016. 11. 10. 19:30 경 서울 양천구 E에 있는 ‘F ’에서 카드 52매를 이용하여 1,000원을 걸고 카드 각 4매를 분배한 후 카드 1매를 추가할 때마다 판돈의 반을 거는 방식( 속칭 하프 배팅 )으로 일명 ‘ 쎄븐 포 카’ 라는 도박을 하였다.

2. The illegality limit in the crime of gambling should be determined specifically by taking into account all the circumstances, including the time and place of gambling, the social status and property level of gambling persons, the nature of property, and the circumstances leading to gambling (see, e.g., Supreme Court Decision 85Do2096, Nov. 12, 1985). In light of the following facts and circumstances acknowledged by the evidence duly adopted and duly examined by the court, it is reasonable to view that the defendants’ gambling is limited to the extent of temporary entertainment, and its illegality cannot be recognized.

① The place where the instant gambling was conducted is a billiard where people who passed around it can enter the place at any time, and unlike others, they did not have any secret or secret space to the extent that access is allowed only to a specific person who wants to gamble, and at the same time, at around 19:30, there was no late time.

② The Defendants brought about the instant gambling in order to raise the cost of singing in the instant party room, which had been used by workers belonging to the same manpower office as the workers of the same manpower office.

③ The frequency of the instant gambling act was not specified, and in light of the average daily wage, etc. of daily workers as to the total amount of KRW 434,000,000, the total amount offered does not seem to be a large amount.

④ Until the instant case, all the Defendants did not have any criminal records subject to punishment for gambling.

3. Ultimately, the instant facts charged constitute a case that does not constitute a crime, rendering a judgment of innocence against the Defendants pursuant to the former part of Article 325 of the Criminal Procedure Act.