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(영문) 대전지방법원 2013.10.11 2013고정777

도박

Text

Defendant

A A shall be punished by a fine of 2,00,000 won, by a fine of 5,00,000 won, and by a fine of 2,00,000 won, respectively.

Reasons

Punishment of the crime

1. On December 2, 2012, from around 03:00 to 05:30 on the same day, the Defendants, along with E, received each of one thousand won and three times each by using the card’s 302 FF Loans in Daejeon-gu, Daejeon-gu, and the 52 card and distributed each of 1,000 won and then exchanged the card up to three times. At each time, the Defendants kept half of the card’s non-final pattern and number up to half the card’s non-final length and number, and carried out gambling using the card’s 4,381,000 won.

2. Defendant B committed the crime of Defendant B at around 05:30 on December 2, 2012, with G and E, and the victim A, who gambling together, had engaged in a fraudulent act to E, and had a dispute with the victim. Defendant B, with his hand, had a part of the victim’s face one time, and Defendant B had a part of the victim’s face one time with his hand, and Defendant B had a part of the victim’s face two times with his hand, one time with his hand, and two times with his hand when her knee with kne, and had a part of the victim’s knee with kne, and had a head knife with his hand.

As a result, Defendant B committed violence to the victim jointly with E, etc.

Summary of Evidence

[Fact 1]

1. Defendants’ respective statements in the first trial records;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Protocol concerning the examination of suspect of G;

1. Seizure records;

1. On-site photographs (the fact of No. 2 on-board);

1. Each legal statement of a witness A and C;

1. Application of Acts and subordinate statutes to photographs, such as damaged parts;

1. Relevant legal provisions pertaining to criminal facts A and C: Each of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013; its enforcement Apr. 5, 2013); Article 246(1)2 of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); Article 246(1) of the former Criminal Act; Article 246(2) and (1)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act (joint assault)

1. Defendants who choose to impose punishment: Each selective fine

1. Defendant B from among concurrent crimes: the former part of Article 37 and Article 38(1)2 of the Criminal Act;