Defendant shall be punished by a fine of KRW 50,000.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On May 4, 2016, from around 14:00 to 16:00, the Defendant, along with C, D, and E, engaged in the gambling of the term “high saw” in the fish market located in Chang-si, Chang-si, Chang-si, Chang-si, Mapopo-si F using 40 square meters.

Summary of Evidence

1. The written statement of the defendant;

1. Certification of seizure;

1. Application of the statute of request for adjudication;

1. Relevant Article 246 of the Criminal Act and the main sentence of Article 246 (1) of the Criminal Act concerning the selection of punishment for a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (the defendant and his defense counsel asserts that the defendant's act may not be punished because of his excessive recreation.

The limit of illegality in the crime of gambling should be specifically determined by referring to all the circumstances, such as the time and place of gambling, the social status and degree of property of the gambling person, the nature of property, and other circumstances leading to gambling (see, e.g., Supreme Court Decision 85Do2096, Nov. 12, 1985). The following circumstances, which are acknowledged by the court by comprehensively taking into account the evidence duly adopted and examined, namely, the place of gambling in this case (a multi-sections located on the first floor), the circumstances in which the gambling in this case was discovered (the police officer was discovered by 112 reported) and the circumstances in which the gambling in this case was discovered (the police officer sent after receiving a report), even according to the defendant's statement, the gambling in this case cannot be deemed as having taken one time of gambling with the person and the person who became aware of the gambling in this case.