Illegal Gambling Charge | Suspension of Indictment for the Crime of Gambling Obtained with the Assistance of a Criminal Law Specialist Attorney

Representative examples include baccarat, poker, and slot machines played through online gambling sites, and illegal sports toto or gambling at private gambling dens is also included.

However, the proviso to Article 246(1) of the Criminal Act provides that an act amounting to 'momentary amusement' is an exception.

Momentary amusement refers to a case of a small-stakes wager for the purpose of fellowship, where the conduct is one-off and strongly recreational in character.

For example, a light game played among friends with a meal at stake, or a small-stakes game of hwatu, may fall under this category.

By contrast, gambling refers to a case in which money is repeatedly staked to compete over winning and losing, or the amount is substantial such that a speculative character is recognized.

Article 4(1)2 of the Juvenile Act, such persons are minors below the age of criminal responsibility and are not subject to criminal punishment.

Article 9 of the Criminal Act, they are referred to the juvenile court and receive a protective disposition under Article 32 of the Juvenile Act.

A protective disposition includes not only probation and a community service order but also commitment to a juvenile reformatory, so it is by no means a light measure.

Article 4(1)1 of the Juvenile Actapplies to juvenile offenders, for whom a protective disposition is applied first as a matter of principle.

However, only where a referral to the prosecution has been made in light of the gravity of the matter, the circumstances of the offense, and other factors, the Criminal Act applies, and criminal punishment may be imposed.

The attorney decided to emphasize that the client was a juvenile first-time offender who deeply repented of the offense, voluntarily received counseling, and even changed his mobile phone.

In addition, the attorney confirmed through evaluations by the client's schoolteachers that the client was a student who had ordinarily lived diligently, and decided to use the educational commitment of the parents, who work in the field of education, as grounds for considering mitigating circumstances.

The attorney prepared an opinion statement to the effect that the client had encountered the gambling site out of momentary curiosity at the urging of friends, but deeply regretted the offense and was determined not to reoffend.

The principal materials submitted to the investigative agency were a confirmation of the 1336 counseling history, documentation evidencing the mobile phone replacement, evaluation statements from the client's schoolteachers, and documentation evidencing the parents' work in the field of education.

Through this, the client's sincere remorse and efforts to prevent reoffending were objectively established.

The attorney accompanied the client to the police investigation and assisted so that the client would not make any statements detrimental to his position during the investigation.

Through ample preparation before the investigation, anticipated questions and answers were organized, and even in the interrogation room, the attorney presented opinions to protect the client's rights.

When a person comes to be investigated on a charge of illegal gambling, it is important first of all to consult with a criminal law specialist attorney.

If the initial response is delayed, statements detrimental to one's position may be recorded in the protocol, and these are difficult to retract in the later advocacy process.

In juvenile cases, whether the person is a first-time offender and the attitude of remorse have an important influence on the disposition decision, so it is necessary to obtain the assistance of a legal expert as soon as the matter arises.

In this case, the parents' voluntary report and the 1336 counseling history had a positive influence on the disposition decision.

a willingness to recognize and resolve a gambling problem on one's own, and this is considered by the investigative agency as grounds for mitigating circumstances.

Therefore, when a charge of illegal gambling arises, it is helpful in resolving the case to make active use of the counseling program of the Korea Center on Gambling Problems (1336) and to prepare supporting documentation such as a confirmation of the counseling history.

In an illegal gambling case, retaining an attorney is central to resolving the case.

The attorney closely ascertains the circumstances of the case and gathers grounds for mitigating circumstances regarding the client to submit them to the investigative agency.

The attorney also accompanies the client to the police and prosecution investigations to protect the client's rights and prevent statements detrimental to the client's position.

In particular, in juvenile cases, advocacy reflecting the purpose of the Juvenile Act, which prioritizes education and guidance over punishment, is required, so the assistance of an attorney with abundant relevant experience has a significant influence on the outcome of the case.