Defendants are not guilty.

1. On July 16, 2015, from around 21:20 to 21:50 the same day, the Defendants, along with C and D, took part in the F office located in Daegu-gu E by using 52 card, and then, 2, etc., 500 won, 3, etc., and 4, etc., in a manner of giving approximately KRW 1,000 won to the winners of the card with the highest number of card held by the remaining people, 5-6 pule called “hullar.”

2. According to the evidence duly adopted and examined by this court, the fact that the defendants spawned as the above facts charged is recognized.

However, in light of the following circumstances acknowledged by the above evidence, namely, ① the Defendants’ act of gambling like the facts charged is about 30 minutes, and the number of times was limited to 5-6 times, ② the amount of gambling of this case is relatively small: 2,500 won at one time (=500 won (2, etc.) 1,000 won (3, etc.) 1,000 won) and the total amount of money during gambling was 12,500 won (2,500 won x 5 times x 6 times) or 15,000 won (2,50 won x 6 times). ③ The Defendants did not have any criminal power related to gambling. In full view of all, it is reasonable to deem that the Defendants’ act identical to the facts charged was a temporary recreation.

3. If so, the facts charged in this case constitute a case that does not constitute a crime, and thus, a judgment of innocence is rendered under the former part of Article 325 of the Criminal Procedure Act.