The defendant shall be innocent.

1. The part concerning gambling among the facts charged

A. The summary of the facts charged is that the Defendant, from around 14:00 on November 3, 2019 to around 01:00 of the following day, from the Defendant’s house located in Seopopopo City B, the Defendant first 3 points using Chapter C, D, E, F, and G along with T, E, and T, T, 49, and the Defendant 2,000 won is paid to the longer person, and additionally, 1,000 won is paid to the longer person.

B. Unlike the facts charged, the Defendant and his defense counsel asserted that they were gambling from November 3, 2019 to November 17:00, and that was merely a temporary entertainment.

C. Determination 1) Since gambling which is merely a temporary entertainment level is limited to the extent that the economic value of the property is so small that it does not infringe on sound work consciousness, it is merely a simple entertainment that is not likely to undermine good customs. The entertainment that the ordinary ordinary people resolve ordinary people’s physical and mental tension by making use of their leisure time is permitted from a national policy perspective (see, e.g., Supreme Court Decision 2008Do876, Mar. 27, 2008). The illegality limit such as whether it is merely a temporary entertainment in the crime of gambling should be determined specifically by referring to all circumstances, such as the time and place of gambling, the social status and degree of property of the gambling, the nature of property, and other circumstances that led to gambling (see, e.g., Supreme Court Decision 2010Do9018, Sept. 9, 2010).

However, the following circumstances that can be recognized by the records of the instant case, i.e., ① those who live in the same village and who live in the same village, except C, are friendly to each other, and Defendant D, G, and F are aware of the fact that they were living in the same village for several hundred and twenty years from the enemy to all.