The defendant shall be innocent.

1. Around 17:00 on July 22, 2016, the Defendant: (a) around 17:00, at the D community hall located in Gangwonwon C, the Defendant used 52 chloats to set the upper limit of KRW 10,00,000; and (b) 3 points are interested by the first person who first pays KRW 100,00 in addition to the third point; and (c) 1 points are paid by the said person to the longer person the amount equivalent to the total score.

2. Determination

A. In a case where gambling is merely a temporary entertainment level, illegality is dismissed (proviso of Article 246(1) of the Criminal Act), and whether it is merely a temporary entertainment level as a limit of illegality should be determined specifically 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 delivered on November 12, 1985). B.

In full view of the following circumstances, it is reasonable to view that the instant gambling act by the Defendant was merely a temporary entertainment, taking into account the overall purport of the evidence duly admitted and examined by the court.

(1) The place where the instant gambling was conducted is a community hall located in Gangwonwon C, which is a place in which anyone can access, and the time is 17:00 and is lower.

There is no evidence to acknowledge that there is no record of punishment for gambling, and that there is no record of punishment for the rest of gambling participants.

(2) At the time, two gambling boards were set up (14 pages of investigation records), one of which is the defendants, E, F, and G (14 pages of investigation records), and the other participants were H, I, J, and K.

At the same time, 17,100 won was seized from the Defendant at the gambling site, 3,600 won from E, 6,100 won from G, 20,200 won from H, 700 won from J, 1,000 won from I, and 1,000 won from F and K.