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(영문) 인천지방법원 2013.05.24 2013고정1277

도박

Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 11, 2013, the Defendant was sentenced to two years in Seoul High Court for a violation of the Punishment of Violences, etc. Act (joint assault) and the judgment became final and conclusive on March 15, 2013.

The Defendant, along with B, C, D, and E on May 15, 2009, from around 00:00 to around 03:00 of the same day, 1,000 won from the second-rise G products store in Nam-gu Incheon Metropolitan City, using card 52 to distribute the card 4, and then 1/2 of the sales amount up to 3 times each time when he receives a card 1,000, after selling the card 1,000 won, the Defendant saw up to 1/2 of the sales amount up to 3 hours each time the card is to be received. Finally, the Defendant mardddddddddd by a person with the lowest number 7,00,000 won of the sales amount over 3 hours by means of this.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol for B, C, D, and E;

1. Gambling photographs;

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

1. Relevant Article of the Criminal Act and Article 246 (1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013; hereinafter the same shall apply) that select the punishment for the crime (generally, choice of fines)

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The Defendant’s assertion regarding the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act is merely the degree of temporary entertainment as stated in the facts constituting an offense. However, in full view of the following: (a) the size of the sales amount recognized by the evidence at the time; (b) the social status of gambling participants; and (c) circumstances leading to the instant crime, it is reasonable to deem that the Defendant’s above act exceeds the degree of temporary entertainment. Therefore, the Defendant