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The judgment of the first instance shall be reversed.
Defendant
A shall be punished by a fine of KRW 1,000,000.
Defendant
Punishment B shall be pronounced in respect of B.
Reasons
1. Although the summary of the grounds for appeal cannot be deemed as merely a temporary entertainment, the court below acquitted the Defendants of the facts charged in this case on the grounds that this is merely a temporary entertainment level. The court below erred by misunderstanding the facts and misunderstanding the legal principles.
2. Determination
A. The illegality limit in the crime of gambling should be determined by taking into account all the circumstances, including the time and place of gambling, the degree of property of the stuffe, the nature of property, and the circumstances leading to gambling (see Supreme Court Decision 85Do2096, Nov. 12, 1985). (b) In light of the following circumstances acknowledged by the legal principles on Defendant A and the evidence duly adopted and duly examined by the court below and the trial court, the above argument by the prosecutor is reasonable.
① Defendant A’s hours of gambling with D, E, F, G is from 01:30 to 03:30 on a monthly day, and it is difficult to view that Defendant A her gambling was conducted using leisure hours.
② Although Defendant A et al. were personal house located in the house in which Defendant B was a director of the same week, Defendant A et al., the house in which the said person had gambling. However, the house in which the said person had gambling was prepared with the original table and several chairs (at least seven photographs on which the gambling site was taken). The original table was installed separately on the table, and it appears that the gambling was equipped with the equipment that was suitable for the gambling because the gambling was covered separately on the table.
③ As to the relationship between gambling persons, Defendant A and B asserted that they are all persons who are in friendship with Defendant B. However, D, while gambling at the police, stated that Defendant B was first viewed Defendant B on the day of the instant case, and G and E were aware of the degree of face.
④ The sum seized by the Defendants is 574,000 won in total and 2 hours in total.