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The appeal is dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).
1. The purport of the law, which stipulates the time, place, and method of a crime, while instituting a public prosecution regarding the legality of a prosecution, is to limit the scope of the trial against the court and to facilitate the exercise of defense by specifying the scope of defense against the defendant.
Therefore, the facts charged are sufficient to consider the aforementioned elements to the extent that the facts constituting the constituent element can be distinguished from other facts.
Even if the bill of indictment does not specify the time, place, method, etc. of a crime, the indictment cannot be deemed unlawful because the contents of the indictment are not specified, in cases where the general indication is inevitable in light of the nature of the crime without going against the purport of the law that specifies the facts charged.
In a comprehensive crime, if the whole time and completion period of the crime, method of crime, victim or other party, frequency of crime, and total amount of damage are specified, the crime is specified (see, e.g., Supreme Court Decisions 2012Do5220, Aug. 30, 2012; 2004Do6646, Jan. 14, 2005). Of the revised facts charged in this case, the part on aiding and abetting gambling, among the revised facts charged in this case, includes the time and completion period of the crime in question, the gambling site, the method of crime, the victim or other party, etc., are comprehensively specified, and in other expressions, it is so specified that the court may limit the subject of trial to the court and the defendant may not exercise his right to defense.
may be seen.
Therefore, the lower court did not err by misapprehending the legal doctrine on the specification of facts charged or the procedures for institution of public prosecution without failing to exhaust all necessary deliberations as alleged in the grounds of appeal.
2. Examining the reasoning of the lower judgment on the remaining grounds of appeal in light of the evidence duly admitted.