207No51 Habitual gambling

Defendant 1 and one other

Defendant

Man-Woo

Daegu District Court Decision 2006Kadan533 Decided December 14, 2006

April 20, 2007

The lower judgment is reversed. The Defendants are not guilty.

1. The facts charged in this case and the judgment of the court below

The summary of the facts charged in the instant case is as follows: “Defendant 1 was sentenced to a stay of two-year imprisonment for habitual gambling, etc. on November 16, 2004 and was sentenced to a stay of two-year imprisonment for the crime of habitual gambling, etc.; Defendant 2 was sentenced to a fine of ten million won in the same court on November 16, 2004; and Defendant 2 was sentenced to a fine of ten million won in the same crime of habitual gambling at six times more; Defendant 1 was habitually punished with Nonindicted 1 and 2; from around 17:00 on June 9, 2006 to 18:30 on the same day, Defendant 3 used two-six-six (26) chips and used two-six (104) chips from the house of Nonindicted 3 to the same day; Defendant 2 was punished with three (0) chips and three (100) chips per chips in the shape of one chips.”

2. Summary of grounds for appeal;

A. Legal principles

Although it was true that the defendants gambling "a dambling" as stated in the facts charged, even though it was merely a temporary entertainment, the court below erred by misapprehending the legal principles on gambling, thereby adversely affecting the conclusion of the judgment.

B. Unreasonable sentencing

The punishment of fines of KRW 15 million against Defendant 1, who was sentenced by the court below, and fines of KRW 10 million against Defendant 2 is too unreasonable.

3. Determination

According to the evidence duly adopted by the court below, Co-defendant 1, 2, and 3 opened the above chips to the extent that they were frequently playing at the house of Non-Party 3, and Non-Party 1, 2, and 2 did not sell the above chips to the extent that the above chips were distributed to the non-Party 3's apartment site at the time of the instant case, Non-Party 1, 2, and 2 had only 4 chips and 10 chips (total 14,000 won) with one chips and 10 chips with one chips calculated by using the same chips and 10 chips, and the remaining chips and 32 chips with one chips calculated by using the same chips to be distributed to the non-Party 3's apartment site at the same time.

4. Conclusion

Therefore, since the defendants' appeal is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again through pleadings as follows.The summary of the facts charged in this case is as seen earlier. As seen in the above reasons for reversal, the facts charged in this case shall not become a crime, and thus, the defendant shall be acquitted pursuant to

Supporting the judge of the presiding judge;

Judges Park Jae-won

Judges Park Jin-hun