The defendant is innocent. The summary of this judgment shall be notified publicly.

1. On September 23, 2016, the Defendant, along with the Defendant in the facts charged, 7,000 won, B, 18,600 won, and C, 19,00 won, 4,600 won, and 4,600 won, and 19,00 won, and 19,00 won, 4,60 won, and 19,00 won, and 19,00 won and 4,60 won, and 51 of 51, from the first floor of the D building underground of the building in Chungcheongnam-do, Chungcheongnam-gun-gun, Chungcheongnam-gun, Chungcheongnam-do, and 51 of 1.

2. Determination:

A. The reason for punishing gambling crimes in Article 246 of the relevant legal principles is to protect the law of sound morals relating to economy by punishing acquisition of property not by legitimate labor.

The punishment does not infringe the right to pursue happiness or the freedom of privacy of the people guaranteed by the Constitution, and if the legislative purport of the punishment is to cultivate and protect a sound sense of work, it would be permissible for ordinary people to recognize entertainment to resolve the tensions of ordinary people by making use of leisure in terms of national policy.

There is a reason for not punishing gambling acts which are merely temporary entertainment (see Supreme Court Decision 82Do2151, Mar. 22, 1983). The illegality limit in the crime of gambling should be determined specifically by taking into account all the circumstances, such as the time and place of gambling, the social status and property level of gambling, the property’s nature, and other circumstances that led to gambling (see Supreme Court Decision 85Do2096, Nov. 12, 1985). B. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, it is reasonable to view that the Defendant’s gambling act is limited to the extent of temporary entertainment, and its illegality cannot be recognized.

① The place where the instant gambling act was conducted is listed in the separate sheet “video” list (htp: /map.naver.com) as an Internet site.