beta
(영문) 광주지방법원 2012.11.29 2012고정2370

도박

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 20, 2012, from around 22:00 to 23:20 of the same day, the Defendant, using each of the cards from around 20 22:00 to 23:20 of the same day, divided by seven copies of the cards, and the following numbers were the largest number of the cards in possession of at the time when the same card or pattern is the same and continuous number is discarded to the floor in accordance with the rules, such as dumping all of the cards with the same card or pattern to the floor, or the number of the cards in possession of at the time when the game is completed is the winner, and the winner ambling “hullar” in the order of approximately 15 times by giving approximately 6,00 won from 1,00 won per board to winners.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes on seizure lists;

1. Relevant provisions of the Criminal Act and the main sentence of Article 246 (1) of the Criminal Act concerning the selection of penalties;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Code seems to require strict punishment against the defendant in light of the fact that the defendant committed the crime of gambling or habitual gambling in the past five times a fine, and even if he had been punished once a suspended sentence, repeated the crime of this case. However, as to the other accomplices who were prosecuted for committing gambling together with the defendant, a fine of 70,000 won or a fine of 1,00,000 won is deemed to have become final and conclusive (as for the crime of gambling in the same kind, C and D did not have any particular criminal record except for a fine of 1,00,000 won). The motive, means and result of the crime of this case, the result, the circumstances of the crime after the crime, the defendant's age, the character and conduct conditions of home environment, etc. are considered to have become final and conclusive (as for the crime of gambling in the same kind of fine of 7,000 won).