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Defendants are not guilty.
Reasons
1. Summary of the facts charged
A. Defendants A, B, C, and D, together with each other from around 17:00 on April 16, 2019 to 18:30 on the same day, provided that in the “G” office located in Nowon-gu in Seoul Special Metropolitan City, from around 17:00 to from around 18:30 on April 16, 201, those who first pay three points in line with the pattern and number, using Chapter 51 on the following means: (a) those who first pay three points in addition to three points 1,00 won, five points 2,000 won, five points 2,000 won, 3,000 won, and 3,000 won on several occasions; and (b) those who have taken up the tension 352,00 won, namely, “Stosaw”.
B. Defendant E is the Defendant.
Recognizing of the fact that four persons, including A, are gambling as above at the time and place specified in the port, the part of the board was removed and managed as a tentatively referred to as a “hin,” thereby aiding and abetting them in gambling activities.
2. Determination
A. Gambling, which is merely a temporary entertainment, is limited to a simple entertainment to the extent that the economic value of the property is so small that it does not infringe on sound labor, and thus, it is merely a minor act that is not likely to undermine good morals. The entertainment in which the general public removes a normal mental and physical tension by making use of leisure time is permitted even from a national policy standpoint (see, e.g., Supreme Court Decision 2008Do876, Mar. 27, 2008). As such, whether it is merely a temporary entertainment in the crime of gambling, the illegality limit, such as whether it is merely a mere one, shall be determined specifically by referring to all the circumstances such as the time and place of gambling, the social status and property of the gambling, the degree of property, the nature of the property, and other circumstances leading to gambling.
(See Supreme Court Decision 2010Do9018 Decided September 9, 2010, etc.). B.
In full view of the following circumstances revealed from the records of this case, Defendant A, B, C, and D’s act of entry in the facts charged is not merely a gambling subject to punishment under the Criminal Act, but merely a temporary recreation.