Defendant

A A shall be punished by a fine of 500,000 won, and a fine of 500,000 won.

The above fine is imposed against the Defendants.

Punishment of the crime

On March 21, 2015, the Defendants were arrested around 01:00 on March 21, 2015 by gambling persons including the Defendants.

경 서울 서대문구 D, 지하 1 층에 있는 E의 집에서, F, G, H, I, J, K, L, M, N, O과 함께 화투 20매를 이용하여 선( 先) 이 다섯 장씩 네 가지 패를 만들어 놓으면 참가자들이 그중 한패를 선택하여 돈을 걸도록 한 뒤 다섯 장을 뒤집어 세장 숫자의 합이 0이 되도록 하여 맞추어 버리고 나머지 두 장의 합이 높은 사람이 건 돈을 가져가는 방식으로 1 회당 10,000원에서 50,000원까지 걸고 수회에 걸쳐 판돈 3,969,000원으로 속칭 ‘ 도리 짓고땡’ 이라는 도박을 하였다.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. A protocol concerning the examination of a suspect with regard to theO, first and second times;

1. Statement made by the police on P;

1. Police seizure records and list of seizure;

1. Investigation report (on-site photo rearrangement, analysis of video images taken by the police officer assigned, and photographs of suspects in video images, etc.);

1. The Defendant’s video CD (the Defendants were at the time and place of criminal facts as indicated in the judgment, but did not seem to have any gambling.

The argument is asserted.

However, the following circumstances acknowledged by the record, i.e., ① a police officer dispatched to the site at the time of the instant case seized money and fire fighting, etc., as stated in the facts constituting a crime in the instant location; ② A prosecutor arrested at the site of gambling as an offender in the act of committing a crime at the time of gambling, who had been seated around green capture, was boomed.

The Defendants specifically identified the gambling person while making a statement, and included this in the Defendants. ③ The Defendants asserted that they locked to the E’s house in order to bring about excessive work or kimchi, but the Defendants did not know it well because they did not have any friendly relationship with others in Q or R at the time. However, even though they did not know it well, they arrived at the E’s house, which is the gambling place, after arrival of the instant case, from the date of arrival to the date of arrival of 01:00.