The defendant shall be innocent.

The Defendant, together with B, C, and D on April 26, 2017, from around 21:00 to around 00:52 the following day, 3 points were given 500 won to those who first pay 3 points using the 48th head of the T-W office operated by Yangcheon-gu Seoul Metropolitan Government E-B, and 131,000 won in the board money and 20 times in the name of “high saw-saw”.

Judgment

1. A person who plays for gambling shall be punished by a fine not exceeding ten thousand won;

However, it is an exception to the case of temporary entertainment (Article 246(1) of the Criminal Act). The reason for punishing the crime of gambling under Article 246 of the Criminal Act is to punish the acquisition of property not attributable to legitimate labor, thereby protecting the law of sound morals relating to the economy. The punishment cannot infringe upon the people's right to pursue happiness or freedom of privacy guaranteed by the Constitution. If the legislative purport of the same Article is to cultivate and protect a sound sense of work, the entertainment resolving the mental and physical tension of ordinary people by using their leisure time is allowed even from the perspective of the national policy. Thus, it is difficult to view that the proviso of Article 246 of the Criminal Act does not punish gambling acts that are merely the degree of temporary entertainment.

It should be interpreted (see Supreme Court Decision 82Do2151, Mar. 22, 1983). The limit of illegality in gambling should be determined in detail by taking into account all circumstances, such as the time and place of gambling, the social status and property level of gambling, the nature of property, and other circumstances leading to gambling (see Supreme Court Decision 85Do2096, Nov. 12, 1985).

2. In full view of the evidence duly adopted and examined by this court, the following facts can be acknowledged.

(1) The defendant was able to receive a personal D phone and was informed of his reputation.

B At retail stores operated by B, they drink alcoholic beverages, together with D, B, and C, up to 20 saws for about 4 hours.

B shall be separately paid for the provision of a place.