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(영문) 인천지방법원 2013.08.29 2013노1572
도박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. Although the facts charged in the instant case indicate that the money was about seven million won, the money held by the Defendant was less than one million won, and as such, the money held by the Defendant was less than seven million won, the money in the instant gambling act is less than seven million won.

B. The Defendant’s gambling act is merely a temporary entertainment, where the instant gambling act was committed by gambling with the friendships in the club and the heart.

2. Judgment on the defendant's assertion

A. As to the assertion that the money in the instant gambling is less than 7 million won, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the instant gambling act was conducted for 3 hours by participating in the instant gambling act with 1 million won in the investigation process, and Eul participated in the instant gambling act with 1 million won in the investigation process and stated that 4.5 million won in solitary money is included (No. 104 pages), C and D, and E, with 3.5 million won in each of the instant gambling act, can be acknowledged in full view of the following facts, including the fact that the instant gambling act was conducted for 7.7 million won as stated in the facts charged.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion that the instant gambling act was merely the level of temporary entertainment, in full view of the relationship with the Defendant and other participants in gambling, the Defendant’s occupation, the instant gambling act was conducted for a considerable period of time in the new wall hours, the amount to be obtained by the winners, and the type of gambling, etc., which can be seen by the aforementioned evidence, the instant gambling act exceeded the degree of temporary entertainment.

Therefore, this part of the defendant's assertion is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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