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(영문) 청주지방법원 제천지원 2018.01.09 2017고단358

상습도박

Text

A defendant shall be punished by imprisonment for six months.

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.

Reasons

Punishment of the crime

[criminal records] On June 5, 2002, the Defendant was sentenced to a fine of KRW 8 million due to the opening of gambling and habitual gambling at the Chuncheon District Court. On June 2, 2006, the Defendant was sentenced to a summary order of KRW 5 million due to the crime of habitual gambling, etc. at the Chuncheon District Court. On September 18, 2012, the Defendant was sentenced to a suspended sentence of two years for a year and six months.

[ 범죄사실] 피고인은 C 등 10명과 함께 2012. 10. 22. 20:00 경부터 다음날 08:00 경까지 사이에 제천시 D에 있는 E 사무실에서, 화투 20 장을 사용하여 5 장씩 4패를 만들고 한 사람( 총책) 이 임의로 1패를 선택하면 나머지 사람들은 다른 3패에 각각 돈을 걸고, 위 1패를 선택한 사람( 총책) 의 점수보다 높은 패에 돈을 건 사람은 돈을 따고, 낮은 패에 돈을 건 사람은 돈을 잃는 방법으로 한 판에 300만 원에서 많게는 1,000만 원의 판돈을 걸고 약 330회에 걸쳐 일명 ‘ 도리 짓고땡’ 이라는 도박을 하였다.

Accordingly, the defendant habitually stuffed the defendant.

Summary of Evidence

【Criminal Facts】

1. Partial statement of the defendant;

1. Copy of each protocol concerning the examination of suspect by the prosecution against C, F, G, H, I, and J;

1. A copy of the investigation report (Attachment to photographs), a copy of the investigation report (in the case of chips), and a report on investigation (in the case of a person who commits a public offense), respectively;

1. Court rulings (No. 2013 Highest 770 G) / Criminal records as stated in the judgment);

1. A statement of the results of inquiry;

1. Gambling habits is recognized in light of the records of the crime, the method and frequency of the crime, and the repeated crime of the same kind in the judgment of the investigation report (Habitualness as indicated in the judgment of the criminal suspect). The application of Acts and subordinate statutes is recognized;

1. Relevant Article 246 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Articles 246 (2) and (1) of the same Act concerning the selection of punishment;

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. Determination as to the assertion by the defendant and his defense counsel under Article 62-2 of the Social Services Criminal Act

1. The summary of the claim.