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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (in fact-finding, unreasonable sentencing) did not seem to have engaged in gambling at the time of the instant case, and the punishment (a fine of one million won and confiscation) imposed by the lower court is too unreasonable.
2. On October 23, 2012, the Defendant, along with C, D, and E, posted a total of KRW 340,00 won in total and approximately KRW 340,00,00 in the form of giving KRW 4,000 to 1 et al. according to certain rules by using 52 cards, around 07:10 on October 23, 201, the Defendant 2 et al., 3,000 won, and 4,000 won by using 52 card.
3. The lower court found the Defendant guilty of the facts charged in the instant case based on the Defendant’s partial statement, each police protocol of the police interrogation protocol of the Defendant, the Defendant, C, E, and D, each of the police officers’ protocol of interrogation of the police officers with respect to H and I, the seizure protocol, the on-site photographing photographs, the receipt of the report of 112 crimes, and the investigation report (the counter investigation of the
4. Judgment of the court below
A. The burden of proving the facts charged in a criminal trial is to be borne by the public prosecutor, and the facts charged should be proved to the extent that there is no reasonable doubt (Article 307 of the Criminal Procedure Act). Thus, if the facts charged were not proven to the extent that there is no reasonable doubt, the defendant is suspected of guilty.
Even if it is not guilty, it shall be judged.
B. Major evidence supporting the facts charged in the instant case lies in H and I’s statement by the police, and the field photographing photographs taken at the time of the instant case. ① At the investigative agency around 04:00 on the day of the instant case, H had her go to the party room at the inside room and had him her go by using a card, and her scambling. The Defendant, the husband of the party president, her husband, her scambling, ② at the investigative agency around 06:03 on the day of the instant case, the police officer first called to the scene to the scene and sent her scambling at around 06:03 on the day of the instant case, and 4 persons, as she moved to the site to the front seat of the party room, have been laid to the front seat and scambling.