상습도박
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On April 24, 2012, the Defendant was sentenced to a summary order of a fine of three million won for gambling in the Daegu District Court Kimcheon-do, and on September 17, 2003, the Defendant was sentenced to imprisonment for a crime of habitual gambling at the Changwon District Court for ten months.
【Criminal Facts】
피고인은 C, D 등과 함께 2012. 2. 말 일자를 알 수 없는 날 22:00경 경북 칠곡군 E 부근 불상의 가든식당에서 바닥에 깔판(길이 약 20m)를 깔고 깔판 위에 청색 테이프를 부쳐 O, X를 표시한 다음 화투를 사용하여 3장씩 두 패로 나눈 뒤 각자 원하는 패에 수만 원에서 수백만 원의 돈을 걸게 한 후 3장의 화투를 뒤집어 같은 패 3장이 나오거나 3장의 화투 숫자를 더한 끗수를 겨누어 높은 쪽이 이기는 방법으로 판돈 합계 5억 원 상당을 걸고 약 150회에 걸쳐 속칭 ‘아도사끼’ 도박을 하였다.
From that time to January 26, 2013, the Defendant habitually gambling the above “Adog” in the same way six times, as indicated in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning F;
1. Records of seizure and the list of seizure;
1. A report on investigation (as to attachment of gambling photographs), screen pictures of spambling, and photographs of gambling sites;
1. On-site photographs, such as site photographs;
1. Habitualness of judgment: Application of Acts and subordinate statutes recognizing the habit of gambling in light of the power of each crime, method of gambling, frequency, amount of gambling, etc. as stated in the judgment;
1. Article 246 (2) and (1) of the Criminal Act applicable to the relevant criminal facts and Article 246 (2) and (1) of the choice of punishment (generally, choice of imprisonment
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
1. Probation and community service order under Article 62-2 of the Criminal Act;
1. The reason for sentencing under Article 48(1)1 of the Criminal Code is that the defendant has already been punished several times for the same kind of crime, but he/she is not aware of it, and the crime of this case is committed at the same time.