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(영문) 대전지방법원 천안지원 2018.12.07 2018고정689
도박
Text

Defendants are not guilty.

Reasons

The facts charged of this case

1. On June 23, 2018, from around 19:00 to 22:00 of the same day, the Defendants provided gambling to Defendant E’s house located in Nam-gu, Nam-gu, Namdong-gu, Namcheon-gu, with 200 won per unit or 200 won per unit per unit (200 won per unit) by a person who first pays 3 points by using 49 ambling, or by paying 200 won per unit (200 won per unit) upon final acquisition score.

2. The Defendant provided the above-mentioned A, etc. with chemical speculation and spacks at the places specified in the above-mentioned Paragraph 1, and provided the above-mentioned B, B, C, and D with spacks at the Defendant’s house and spacks at the above-mentioned location, and provided the above-mentioned A, etc. with spacks and spacks by providing spacks, such as water, coffee, and cups.

The illegality of the crime of gambling, such as whether temporary entertainment was limited to the degree of gambling, should be determined specifically by referring to all the circumstances, such as the time and place of gambling, the social status and property level of the stuff, the nature of property, and other circumstances leading to gambling (see, e.g., Supreme Court Decisions 85Do2096, Nov. 12, 1985; 2010Do9018, Sept. 9, 2010). Comprehensively taking into account the following facts and circumstances acknowledged by the record, the facts charged in this case are merely the degree of temporary entertainment, and it is not unlawful, and the evidence submitted by the prosecutor alone does not constitute an unlawful act beyond a temporary entertainment.

It is insufficient to view it and there is no other evidence to prove it.

① It is difficult to recognize the Defendants as a place specially designed for gambling, since they did not appear to be specially restricted from outside persons’ access or confidential compared to the general home as a place in which Defendant E resides.

② Defendants are all the Defendants in the police.

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