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Defendants are innocent.
Reasons
1. The summary of the facts charged of the instant case: (a) from around 21:50 on February 21, 2018 to around 22:10 on the same day, the Defendants, while holding KRW 125,840 won in the “F store” located in Ulsan Jung-gu, Ulsan-gu, and divided by seven copies each; (b) three remaining persons, other than those who are unsatisfed or luminous, engaged in three games and paid at least three points each by 100 won per occupation from the person who was killed and paid at least ten times.
2. Determination
A. The illegality limit, such as whether the degree of temporary entertainment was excessive in the crime of gambling, should be specifically determined by referring to all the circumstances, including 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, e.g., Supreme Court Decisions 85Do2096, Nov. 12, 1985; 2010Do9018, Sept. 9, 2010). (b) Comprehensively taking into account the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court, the facts charged of this case is merely the degree of temporary entertainment, and it is not illegal, and other evidence submitted by the prosecutor alone, that the Defendants committed an illegal act beyond the temporary entertainment.
It is insufficient to view it and there is no other evidence to prove it.
① Both Defendants, C, G, H, and D et al. worked for dancing club members for more than one to two years. In order to attract the opening of the F shop operated by a member of the same club, the Defendants, C, H, and D were gatherings at the same place.
② The Defendants’ innerly named “Stop” place is not a place in which other people frequently have access to the restaurant, and it is difficult to view it as a place specially provided for gambling solely on the ground that the Defendants were in one column.
③ The Defendants and persons making the instant high saws are all intended for the first saws from the police.