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(영문) 광주지방법원 2015.10.08 2015고정1271

상습도박등

Text

Defendant shall be punished by a fine of KRW 3,000,000 (three million).

When the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On April 25, 2015, from around 21:10 on April 25, 2015 to 22:30 on Apr. 25, 2015, the Defendant habitually gambled a person who first pays 3 points from the f and 4th floor of Gwangju Dong-gu to the 50th floor of the 22:30th day of the same day by adding 300 won to 300 won, and 100 won by adding 1 points to 100 won.

2. The Defendant: (a) provided 10% of the amount brought by the tensions per time and at the above time and at the above place to gambling “Stop” (hereinafter “Stop”); and (b) collected 10% of the amount under the said place’s name “Stop” and opened a place for gambling for the purpose of profit-making.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of the police accused, C, E, or D;

1. Statement of the police officer G;

1. Each written statement of C, E, D, and G;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of Article 246 (2) and (1), and Article 247 of the Criminal Act concerning the facts constituting an offense. Article 247 (Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On February 26, 2015, the Defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, was sentenced to a suspended sentence of 4 months by imprisonment with prison labor for gambling and opening a place for gambling at the Gwangju District Court on February 26, 2015, and was currently under suspended sentence of 6 months.

In light of the circumstances and result of the instant case, the amount of fine stipulated in the summary order of this case cannot be deemed to be excessive, in light of the behavior of the Defendant before and after the commission of the offense, equity with similar cases

It is so decided as per Disposition for the above reasons.