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(영문) 인천지방법원 2021.02.18 2020고단9981

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

On January 1, 2020, the Defendant connected to the private gambling site (D) operated by a person who is not the name of Bupyeong-gu B and C, Incheon, and deposited KRW 100,000 to the F account (G) in the name of the said gambling site designated account, and charged the corresponding game money. The Defendant: (a) opened six numbers, stating the numbers, and opened a gambling for the section [6] or even by drawing up the six numbers; (b) from around that point to June 1, 2020, the Defendant carried out a gambling for the term “mick Game” in the form of “micking Game”; and (c) from that point to June 1, 2020, the Defendant deposited KRW 637,126,600 over 222 times, as indicated in the list of crimes, and deposited KRW 637,126,600.

Accordingly, the defendant habitually imprisoned the gambling.

Summary of Evidence

1. Statement by the defendant in court;

1. Anthrax;

1. Each investigation report on the details of H trading;

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the number of crimes, frequency of crimes, size of gold, and repeated crimes of the same kind in the judgment;

1. Article 246 of the Criminal Act applicable to the crime, Article 246 (2) and (1) of the Criminal Act (including), and the choice of imprisonment with prison labor;

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 punishment by law: Imprisonment with prison labor for not more than three years;

2. Crimes of which the sentencing criteria are not set for each judgment on the scope of recommended sentences according to the sentencing criteria;

3. The Defendant committed the instant crime, which had been sentenced to sentence, committed an online gambling in total of approximately KRW 637 million over 222 times for about five months, with heavy criminal liability in light of the content of the crime, and the Defendant’s consumption of the lessee’s deposit money, etc. in an online gambling, etc. is recognized as disadvantageous to the Defendant.

However, there is a family to support the defendant, such as the defendant's child, who has no record of crime exceeding the fine, since the defendant led to the confession of the crime of this case, and there is no family to support the defendant.