beta
Text
The defendant is innocent.
Reasons
1. On November 22, 2018, from around 17:30 to 18:05 of the same day, the Defendant and Party B, and Party C, using Chapter 51 of the U.S. car owned by the Defendant in Chungcheongnam-si from around 17:30 to around 18:05 of the same day, divided 7 parts of their own fire fighting 51 and paid 600 won to the longer person and paid 200 won each time when adding 1 points to the former person. The Defendant and Party B, and Party C sing up the 20th of the 198,200 won in total.
2. The illegality of the crime of gambling, such as whether it is merely a temporary entertainment, should be determined specifically by referring to all the circumstances, such as the time and place of gambling, social status and property degree of gambling, the nature of property, and other circumstances leading to gambling.
(See Supreme Court Decision 85Do2096 delivered on November 12, 1985, etc.). According to the record, the following facts can be acknowledged: “The Defendant and B, and C are between the Defendant and the Defendant and the Defendant and C, and the Defendant and C have saw up to 20 times from the Defendant’s house to 35 minutes in order to raise the food cost. The game method is calculated as KRW 200 per the point in which the three points are first drawn, and the total amount of KRW 198,200 was raised.”
In applying the aforementioned legal principle to the above facts, the charge of gambling against the Defendant is merely a temporary entertainment, and the charge of the Defendant’s judgment is not unlawful, in light of the following: (a) the time and place of gambling; (b) the background leading up to gambling; (c) the amount of property for gambling; (d) the method and frequency of gambling; and (e) the relationship between the persons who participated in gambling.
Other evidence submitted by the prosecutor alone is insufficient to deem that the defendant committed an illegal act beyond temporary entertainment, and there is no other evidence to acknowledge it.
3. As the instant facts charged do not constitute a crime, it is in accordance with the former part of Article 325 of the Criminal Procedure Act.