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(영문) 인천지방법원 2017.08.25 2016노2981
도박방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. A person who gamblings at the time the grounds for appeal were found to have been found true;

According to the statements of the people, the court below found the defendant not guilty of the facts charged of this case on the ground that there is insufficient evidence for the crime of aiding and abetting gambling, because it can be recognized that the defendant lent the party room to his usual person's gambling and implied facts for his gambling. However, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

2. The lower court found the Defendant not guilty of the instant facts charged in detail on the evidence submitted in the lower court’s judgment.

Examining the evidence duly adopted and examined by the court below and the evidence additionally submitted in the trial (G's trial statement at the court below) in light of the records, there is no reasonable reason to deem that the judgment of the court below was clearly erroneous or that maintaining the judgment of the court below is considerably unfair (Although G as the case in around 2007, as the case, is not memory in detail, G as stated in the trial at the court below is not likely to go through gambling from the beginning, and hulullar was carried out by the party room at the party room, and by gathering money from the party room at the party room at the time of making the party room, and as such, G's statement is not a direct evidence for the defendant's crime). Accordingly, the prosecutor's assertion of mistake is without merit.

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

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