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(영문) 서울남부지방법원 2018.05.04 2017노1346
도박
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) did not regard the instant crime as temporary entertainment, but the lower court rendered a not-guilty verdict on the instant facts charged by deeming it as temporary entertainment. In so determining, the lower court erred by misapprehending the legal doctrine, thereby affecting the conclusion

2. The lower court found the Defendants not guilty on the ground that the Defendants’ act of gambling was unlawful on the following grounds: “(i) the place where the instant gambling was conducted was made is where people who would have been around, at any time, have access to the place where they would be allowed; (ii) the specific persons who want to gambling were not allowed access to the place where they would be allowed to do so; and (iii) the entire amount provided was not large at any time, in light of the average daily wage of daily workers, etc. of daily workers, and (iv) the criminal records of having been punished as the crime of gambling before the instant case were not committed at any time, and (iv) the Defendants’ act of gambling cannot be acknowledged on the ground that the Defendants’ act of gambling was committed on the ground that the act of gambling was not committed on the ground that the Defendants’ act of gambling was not committed on the ground that the act of gambling was committed on the part of the employees belonging to the same manpower office.

Examining the judgment of the court below closely with the records, the court below's decision that found the Defendants not guilty of the facts charged for gambling on the grounds as seen earlier is just and acceptable, and there were errors in the misapprehension of the legal principles as alleged by the prosecutor.

It is not recognized.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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