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(영문) 창원지방법원 거창지원 2016.02.17 2015고정33
도박개장
Text

The defendant shall be innocent.

Reasons

1. Around June 19, 2014, the Defendant, along with C, D, and E, planned to open a gambling place in the vicinity of the gambling place. The Defendant, along with C, D, and E, set up a gambling place in the manner of borrowing the gambling place from the vicinity of the Sincheon-gun, Gohap-gun, Chungcheongnam-do.

E in accordance with C’s instruction, around 20:00, from F on June 19, 2014 to F, “H” 2 in Gohap-gun G. C, around 22:00 on the same day, around 22:00 to a large bank that contains a chemical projecting, chemicaling, electricity, water, and water recovery agents in the second floor and waiting for the second floor after going to the second floor.

In addition to E, it has been prepared for gambling such as putting a stone plate with a stone string.

At around 00:05 on June 20, 2014, the Defendant, along with C, D, and E, posted 24 persons, including I, from the above H 2 level to the above location, and 4 persons from among the above 2-mentioned amblings, used 51 ambling 51, and divided the remaining ambling six amblings before the rest of the ambling by three amblings, and allowed them to take money in each ambling in the way that the highest number of amblings can be the winner, and ambling “adog” in several times.

In addition, C received 10% of the total number of the plaques so divided as above from 9 or 0 to 10% of the total amount of the board money of the winners, as the name of “Saro (the amount received at the rate determined by the gambling founder, etc. according to the gambling plaque).”

Accordingly, the Defendant, in collusion with C, D, and E, set up a place for gambling for profit.

2. In a criminal trial for determination, the burden of proving the facts constituting an offense charged is to be borne by the public prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspicion of guilt is against the Defendant even if there is no such evidence.

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