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(영문) 대법원 1984. 7. 10. 선고 84도1043 판결
[도박][공1984.9.1.(735),1392]
Main Issues

(a) The act of gambling which is merely a temporary entertainment and the act of not committing the crime of gambling;

B. The gender of the crime of gambling in the event that he/she is friendly with 4,000 won in alcohol (negative)

Summary of Judgment

A. Since the crime of gambling is intended to eliminate the risk of an actor’s property loss by gambling and to protect the sound public’s labor sense and social morals, gambling that is not only limited to the degree of temporary entertainment in light of the place of gambling, the social status and property level of the actor, the interest of the gambling itself, and the gravity of the gambling, etc.

B. In a case where the defendant wanted to drink a swine machine with his own son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's

[Reference Provisions]

Article 246 of the Criminal Act

Reference Cases

A. Supreme Court Decision 82Do2151 delivered on March 22, 1983, 74Do582 delivered on March 12, 1974, and 79Do1715 delivered on November 13, 1979, Supreme Court Decision 83Do104 delivered on June 28, 1983

Escopics

A and five others

upper and high-ranking persons

Prosecutor (as to all the defendants):

Judgment of the lower court

Jeonju District Court Decision 83No199 delivered on November 9, 1983

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The crime of gambling is intended to eliminate the actual risk of property of an actor through a speculative spirit and to protect the good public morals and customs of society. Thus, gambling which is not limited to the extent of temporary entertainment in light of the place of gambling, the social status and property level of the actor, gambling itself, the interest of himself, and his root, etc. It is not punishable. According to the evidence established as fact-finding data, the court below found the defendant et al. from 20:00 on November 16, 1981 to 21:00, and found that the defendant et al. were born, and there was no reason to see that the defendant et al. were al. to al.e., the defendant et al. to al., al. to al.e., the punishment of gambling, and to al., the remaining al.e., the defendant et al., al. to al., al., al., al., 100 won and al.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)

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심급 사건
-전주지방법원 1983.11.9.선고 83노199