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(영문) 서울북부지방법원 2018.12.13 2018고단288

도박장소개설

Text

Defendant

B Imprisonment with prison labor for eight months, and the punishment for Defendant A shall be set forth in six months, respectively.

Books seized;

Reasons

Punishment of the crime

1. Defendant B, along with Defendant C, agreed with Defendant C, to rent “Esing” in Seoul Jung-gu and prepare for gambling tools and furnitures, and to open private casino by soliciting gamblings.

Accordingly, the Defendants prepared a chip, card, chip, etc., which is capable of gambling in the said singing room from October 15, 2016 to October 02:00, with C, from October 15, 2016 to October 16, 2016, and had many unspecified gambling persons exchange the chip with chip with one set of chip and two card number of chip and two card number of card number from the bank is close to 9, and received as 5% of the total chip money exchange commission.

Accordingly, the Defendant conspiredd with C to open a place for gambling for profit.

2. When Defendant A and B opened gambling places as above at the time, time, and place specified in paragraph 1, Defendant A played a role of leading people to participate in gambling at the gambling place, and was able to easily open gambling places, such as B, etc.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness F and C;

1. Records of seizure (voluntary submission), list of seized articles, photographs of seized articles, and books and photographs of seized books;

1. Application of statutes governing judgment;

1. Relevant Article of the Criminal Act and subparagraph B of the option of punishment against the crime: Articles 247 and 30 of the Criminal Act, subparagraph A of the option of imprisonment: Articles 247 and 32(1) of the Criminal Act, Article 247 of the Criminal Act, the option of imprisonment;

1. Defendant A who is eligible for mitigation: Article 32(2) and Article 55(1)3 of the Criminal Act;

1. Defendant B: Reasons for sentencing under Article 48(1)1 of the Criminal Act;

1. The sentencing guidelines do not apply to the crime of aiding and abetting the establishment of gambling places by Defendant A (Defendant B) according to the sentencing guidelines.

Three types, such as the opening of gambling places (the opening of gambling places and spaces).