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(영문) 서울남부지방법원 2020.09.08 2019노1274
도박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (in fact-finding and misunderstanding of legal principles) is difficult to see that the Defendants’ gambling is merely a temporary entertainment, and thus, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, including the witness’s statement in this Court of Justice which was additionally examined in the judgment party, the defendants visited the Dongmun-gu office in the weekend to the relationship with which they were aware of the aftermath of the same elementary school, and then do so in order to do so, the defendants collected the amount from 500 won to 200 won per time to 1,000 won, and the amount seized at the site was exceeded 13,00 won.

In light of the above, it is reasonable to view that the instant gambling act is merely a temporary entertainment as stipulated in the proviso of Article 246(1) of the Criminal Act in light of the following: (a) the time and place during which the Defendants were gambling; (b) the hours during which they were gambling; (c) the amount and total amount of the property for each gambling; (d) the method and frequency of gambling; and (e) the amount of money accumulated in the course of gambling and gambling; and (e) the amount of money accumulated in the course of gambling and gambling.

Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is just, and there is no error of misunderstanding of facts or misunderstanding of legal principles, so the prosecutor'

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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