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무죄
(영문) 수원지방법원 2015.9.3.선고 2015고단2510 판결
도박
Cases

2015 Highest 2510 Gambling

Defendant

1. Kim (1) (1) (65 years old, south) and heavy transfer

Residential Suwon City

Nabju City of Original domicile

2. B(63 years old, remaining) and hospital office officers.

Housing Guang-si

Jeon Sung-nam District in Reference domicile

3. Maximum third (57 years old, south) and employees of the agricultural and fishery products market.

Residential Suwon City

Busan East-gu, Busan

4. No. D. D.D. (67 years old, South Korea), Company Board

Residential Suwon City

Standard place of registration

5. No. 5 p.n. (68 years old, south) and air conditioners are installed.

Residential Suwon City

reference domicile Gangwon-gu Crossing-gun

The number of courtrooms (prosecutions) and the transfer of courtrooms (public trial)

Imposition of Judgment

September 3, 2015

Text

Defendants are not guilty.

The summary of this judgment shall be published.

Reasons

1. The facts charged in this case

From April 11, 2015 to 20:10 to 30 to 10:40 to 10 to 40 to 40 minutes, Defendant Kim ① is 41,00 to 30,00 to 10 to 20 to 30,00 to 30,00 to 10 to 30,00 to 33,00 to 30,00 to 3, and Defendant Kim Jong-hoon is 23,00 to 24,00 to 24,00 to 24,00 to 52 to 10 to 200 to 200 to 30, and 24,00 to 52 to 10 to 200 to 10 to 200 to 200 to 20 to 200 to 20 to 200 to 20 to 20 to 200 to 20 to 30.

2, 2, etc., 500 won, 1, 000 won, 4, 1, 500 won, 5, etc., 2,00 won and 2,00 won and 2,00 won, 'hullar' card gambling.

2. Determination

The crime of gambling is intended to eliminate the risk of property loss of an actor by committing a speculative spirit, while trying to protect the sound labor concept of the people and the public morals of society. Thus, the crime of gambling is intended to protect the gambling place, the actor’s 84Do1043, etc.

In full view of the evidence and return to the instant case, the Defendants 500 won to 1,00 won each time, and 3,000 won to 3,00 won each time, and for about 40 minutes, the card play in the instant case. The total sum of the amount initially possessed by the Defendants and the amount possessed by the Defendants at the time of regulating is KRW 118,00,00 in total. In the case of the Defendant to pay back money last on the day of the instant case, the amount was KRW 7,00 (3) and KRW 32,00 in cash (Defendant ②) and KRW 32,00 in cash, and finally, the amount was KRW 18,00 in the name of the Defendant and KRW 100 (18,000 ( ②) and KRW 21,00 in the name of the Defendant and KRW 20 (No.4).

In light of the above facts, it is judged that the defendants' act of playing the hullar Card at the time of the case is merely the degree of the temporary mistake.

3. Conclusion

Therefore, since the facts charged in this case are dismissed as illegal and does not constitute a crime, the Defendants shall be acquitted pursuant to the former part of Article 325 of the Criminal Procedure Act, and the summary of this judgment shall be publicly announced pursuant to Article 58(2) of the Criminal Act.

Judges

Judges Yang Jin-soo

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