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(영문) 청주지방법원 2017.05.19 2016노1423
도박방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal – misunderstanding of facts and misapprehension of legal principles - The records reveal that H et al. provided the above experience center as a place for gambling in the event H et al. was sufficiently aware that the behavior using the mountain village experience center of this case was an ethic nature, and thus, the crime of aiding and abetting gambling should be recognized.

Nevertheless, the court below ruled not guilty on the ground that it is difficult to recognize that the defendant's act of gambling facilitates gambling and that there was an intent to assist gambling. In so doing, the court below erred by misapprehending the legal principles on the misunderstanding of facts or aiding and abetting gambling and the intent of aiding and abetting gambling, which affected the conclusion of the judgment.

2. We examine the evidence duly adopted and examined by the court below in light of the records. The court below's decision that the above evidence alone was insufficient to recognize that the defendant committed an act that facilitates gambling such as H as stated in the facts charged in this case or that there was an intentional act of aiding and abetting gambling as stated in the facts charged in this case is just and acceptable. Thus, there is an error of law by misunderstanding facts or misunderstanding legal principles as pointed out by the prosecutor in the judgment of the court below, which affected the conclusion of the judgment.

shall not be deemed to exist.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is without merit. It is so decided as per Disposition.

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