English Translation

2(This fact is based on the credible confession of the accused himself and of the two co-defendants Hon sa and Klapa fesu. The defendant has therefore continued to organise a public game of luck without official permission and thus the act of § 284 of the German Civil Code (StGB), according to para.II of this provision, criminality occurs even if the games are organized in closed societies and the organisers act from a tendency formed by exercise, The existence of these Prerequisite must be accepted after the admission of the defendants, who claim to have acted out of gambling passion, because the accused N e č a s e k nioht only ajs co-organiser of the gambling occurred Lst, but also participated in it, so at his expense in deed unit with the offense according to § 284 StGB there is also an offence according to section 284 a StGB, which on Crund previous meetings on the game of luck and the games themselves represent themselves as a unified, closed and natural collective activity and fulfill the meeting of the "organizing" and at the same time the "participation in Glüekspiel". The assumption of continuity follows from the assumption of a slope which has been exerted in the same external circumstances and which is too long a time interval of the single act of action, whereas the characteristic of commerciality cannot be accepted as proven, since the accused and also the two other defendants irrefutable claim to have played exclusively for the purposes of entertainment and pleasure, but not for the purpose of money acquisition. The defendant thus decided that the public event of gambling in deed would be forfeited with a continuing offence of participation in gambling within the meaning of the SS 284, 284 a, 73 StGB Bchuldige When assessing the question of the extent of the penalty, the fact that the defendant's behaviour in relation to his position exposed at that time served the most evident disapproval, outweighed all other aspects. As the owner of the highest police office in a larger municipality with a significant Czech population and in view of his special obligation as a German national, compliance with the law had to be