beta
Text
The judgment of the court below is reversed.
Defendants are innocent.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts and misunderstanding of legal principles are merely temporary entertainment, and thus the illegality of the gambling in this case is not recognized, the judgment of the court below which judged the Defendant as a crime of gambling is erroneous in the misapprehension of the legal principles as to the crime of gambling, which affected the conclusion of the judgment. 2) In light of the circumstances such as misunderstanding of facts falling under the grounds for excluding the illegality of temporary entertainment, or misunderstanding of the legal principles as to the crime of gambling, which affected the conclusion of the judgment by misapprehending the legal principles on the crime of gambling.
B. Defendant D1) misunderstanding of facts and misunderstanding of legal principles were at a gambling site, and the Defendant did not gambling. Even if the Defendant was found to have gambling, the instant gambling is merely a temporary entertainment, and thus its illegality cannot be acknowledged, the lower court’s judgment recognizing the facts of gambling and its illegality was erroneous by misapprehending the facts or by misapprehending the legal principles on the crime of gambling, thereby adversely affecting the conclusion of the judgment. 2) In view of the circumstances, such as the fact that the Defendant did not have any gambling, and the Defendant was subject to the disciplinary action for one month of salary reduction as a public official, the lower court’s punishment (two million won of fine) is too unreasonable.
C. Defendant B and C (Non-Submission of the Reasons for Appeal) filed an appeal against the lower judgment on December 19, 2019, but Defendant B and C did not file the Reasons for Appeal within the submission period of the Reasons for Appeal even when they received the notification of lawful receipt of the trial record from the instant court on January 2, 2020, and January 3, 2020, respectively.
No grounds for objection shall be entered in each petition of appeal.
However, the court below
2.(c)
Since there are reasons for ex officio investigation such as the statement in the paragraph, it is judged in accordance with the proviso of Article 361-4 (1) of the Criminal Procedure Act.
2. Ex officio determination
A. The summary of the instant facts charged is as follows: (a) from around December 10, 2018 to around 20:30.