However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

피고인은 2016. 11. 7. 경 인천 중구 D에 있는 ‘E ’에서 불상의 도박자들이 도박을 할 수 있도록 위 건물 관리자에게 30만 원을 지급하고 그로부터 건물을 빌려 도박자들에게 휴대폰 문자 메시지 등으로 위 장소를 알려준 후, 2016. 11. 11. 19:20 경 위 도박자들이 그곳에 와 이른바 도리 짓고땡, 뽕, 고스톱 등의 도박을 하게 하고 그 대가로 현금 10만 원을 교부 받는 등 영리의 목적으로 도박을 하는 장소를 개설하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Reporting on the occurrence of an incident of gambling and report on the current status thereof;

1. Application of Acts and subordinate statutes to field photographs and photographs of seized articles;

1. Relevant Article 247 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. Scope of the recommended punishment according to the sentencing guidelines [type determination], the establishment, etc. of gambling places and spaces for gambling games, etc. [Determination in the sphere of recommendation] basic area of the type 3 (Determination in the sphere of recommendation] [the scope of the recommended punishment] [the scope of the recommended punishment] from August to one year and six months [the person subject to general sentencing] - Reduction elements: In cases where the amount of actual profits is insignificant, the advanced reflective area;

2. Whether or not a suspended sentence is negative (major reasons): A criminal record of the same kind (not exceeding five years, a suspended sentence, or a fine not exceeding three times): A positive reason: If the actual gain amount is insignificant, it is obvious that the social relationship is insignificant, and there is no serious reflect, or a criminal record of the suspended sentence or heavier.

3. Crimes related to gambling for the determination of sentence are highly harmful to society, such as encouraging the gambling spirit of the general public, impairing the awareness of sound labor, and thus, there is a need to punish the sentence heavier.

On March 22, 2016, the Defendant received a summary order of a fine of KRW 3 million for the crime of aiding and abetting the opening of gambling places in the support for the development of a water source method source, and seven times the previous criminal records of the same offense.

Moreover, the defendant is the police.