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(영문) 청주지방법원 2019.03.22 2019고단119
도박
Text

Defendants are not guilty.

Reasons

1. The summary of the facts charged in the instant case, along with C, D, and E, from around 20:0 to 22:02 on December 1, 2018, the Defendants saw that, at the G office of the operation of the G office located in the area of Cheongju-si located in the Cheongju-si from around 20:00 to 22:02, a person who first pays three points by using Chapter 51, a person who first pays three points by adding 100 won to one point, 100 won, and 100 won for each additional point to that person.

2. Gambling, which is a temporary entertainment, is merely a minor act that is limited to a simple entertainment to the extent that the economic value of the property is so small that it does not infringe on sound labor practices. The entertainment where the general public removes a normal mental and physical tension by making use of leisure is permitted even from the perspective of national policy.

(See Supreme Court Decision 2008Do876 Decided March 27, 2008, etc.). According to the records, the Defendants and C, D, and E together with other persons for a long time, 40 hours at the G office operated by C to gather food and drink, and thereafter, 100 won per each way the game method is calculated as 3 points first, and 146,00 won per share.

In light of the above legal principles, it is reasonable to view the Defendants as constituting a temporary entertainment in light of the following: (a) in light of the amount of property and the method of gambling and the relationship among the persons who participated in gambling in gambling at the time and place gambling; and (b) as a whole, it is reasonable to view the Defendants as constituting a crime under the proviso of Article 246(1) of the Criminal Act.

3. As the facts charged in this case do not constitute a crime, it is so ordered that the defendant be acquitted under the former part of Article 325 of the Criminal Procedure Act.

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