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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The crime of this case is presumed to have been presumed to have been committed by police officers first of all, by inducing customers to sell free of charge vouchers, and is attributable to the criminal intent. Thus, the prosecution based on the investigation of a vessel constitutes a case where the procedure is invalid in violation of the provisions of law.
B. The act of allowing free use vouchers to play a game by standing in a game machine cannot be a speculative act. In addition, the Defendants strictly banned free use vouchers per se between customers, and actively took measures to prevent sale and purchase of free use vouchers, exchange, transactions, etc. by giving exchange values for free use vouchers. As such, the Defendants did not neglect or encourage the use of game water to engage in gambling and other speculative acts, there was no intention to commit the instant crime.
(c)
Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of judgment
2. Determination
(a) Ship investigation as to whether it is a ship;
It refers to an investigation method in which an investigative agency, by means of tricks or schemes, induces a person who does not have the original criminal intent to commit a crime, and arrests the criminal. Thus, if it is merely an opportunity to commit a crime against the person who has the criminal intent or a facilitation of committing a crime, it shall not be deemed a naval investigation (see Supreme Court Decision 2000Do3490, Oct. 24, 200, etc.). It is illegal for the investigative agency to arrest the criminal by inducing the person who does not have the criminal intent by means of tricks or schemes, etc., and it is illegal that the investigative agency arrests the criminal by inducing the criminal intent. Whether it constitutes an illegal naval investigation in a specific case is illegal.