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(영문) 서울남부지방법원 2021.01.27 2020고단5817 (1)

도박공간개설등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 17:00 on October 19, 2020, the Defendant: (a) viewed the illegal strike in the Gangseo-gu Seoul Metropolitan Government D and 2nd floor operated by Defendant B, C, etc.; (b) provided cash to the above B, etc. for each of the five minutes; and (c) provided them with the illegal “severeball” games in each of the above-mentioned “severeball” games; and (d) provided them with the betting amounting to KRW 1,846,00 in total by means of exchanging the betting amount of KRW 1,846,00 in money in accordance with the outcome of the above-mentioned “severeball” games.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, each police seizure protocol, and list of seizure records, each of the police statements by the defendant B and C as well as the list of seizure records

1. Relevant Article 246 of the Criminal Act concerning the facts constituting an offense, Article 246 (1) of the Criminal Act selecting a penalty, and selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) of the Criminal Act to be confiscated;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the defendant was led to the confession of the defendant, the defendant has no record of punishment exceeding the same criminal history or fine, and the defendant has no record of punishment other than the defendant's age, sexual conduct, environment, scale of money, motive and circumstance of the crime, etc. shall be determined as ordered by taking into account the following factors: