beta
Text
The judgment of the court below is reversed.
Defendant
A and B Each fine of KRW 300,000, Defendant C and D shall be punished by each fine of KRW 1,000,000.
Reasons
1. The summary of the grounds for appeal is that the Defendants’ money is not so large, but comprehensively taking account of the following: (a) the source of revenue of the Defendants who gamblinged “hullar” is not specified; (b) the Defendants’ work or social status is taken into account; and (c) at the same time, the Defendants’ gambling is merely a temporary entertainment, and thus, it does not constitute a crime. In so determining, the lower court erred by misapprehending the legal doctrine as to the degree of temporary entertainment in the crime of gambling
2. The facts charged and the judgment of the court below
A. Defendants A, B, and C of the facts charged of the instant case are those engaged in agriculture; Defendant D is those who operate a restaurant; and Defendants are those who operate a restaurant. The Defendants are the NAN-ray.
From 17:00 on June 29, 2012 to 18:00 on the same day, the Defendants: (a) left the G real estate office in Jinjin-si, which was located in Jinjin-si, by making up 7 cards using 52 copies of the Trump card; and (b) laid down the same pattern or serial number on the floor of at least 3 side by 79,800 won in total on the number of occasions when the card in possession was first set up on the floor.
B. The judgment of the court below held that even if the Criminal Act satisfies the elements of gambling, if it is merely a temporary entertainment, it shall not be punished by excluding illegality, and in order to prevent the general public from falling into gambling, it shall not be punished even in a case where it is only a temporary entertainment, and it is merely a temporary entertainment, and it shall not be punished in a case where it is not illegal. The issue of whether it is merely a mere one shall be see the time and place of gambling, the social status and degree of property of the gambling, the circumstances leading to gambling, the circumstances leading to gambling, and the use of gains from gambling, etc.