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(영문) 서울중앙지방법원 2021.01.28 2020고정2109

도박장소개설등

Text

Defendant

A A A A shall be punished by a fine of one million won, each of which shall be punished by a fine of five hundred thousand won.

Reasons

Punishment of the crime

1. On April 20, 2020 from around 14:00 to 17:00 of the same day, the Defendants used 224 horse 13 to set the line at the “F returned office” office of Defendant A’s operation on the first floor of the building in Gwanak-gu in Seoul Special Metropolitan City, Gwanak-gu, for the first time, and divided the 13 horse 13 horse straws coming from the ma machine, and then carried out a string of the picture or number, etc. by the string of the string by the rest of the strings from KRW 2,00 to KRW 16,00.

2. Defendant A opened a gambling place: (a) prepared the date and time, place, chips, etc. set forth in paragraph (1) in advance, and had visitors visit the place “mamb” gambling as described in paragraph (1); and (b) exchanged the cash of KRW 115,000 with chips equivalent to KRW 100,000 with chips, and (c) opened a gambling place for profit-making purposes by receiving KRW 15,000 as fee.

Summary of Evidence

1. The Defendants’ photographic photographs of police officers in their respective legal statements, each criminal investigation report (a case concerning the security guards at the time of arrest of the suspects A and three other persons, and a documentary and image analysis conducted by police officers while called for the search) and the application of the statutes on the list of seizure

1. Relevant Article of the Criminal Act and subparagraph A of the punishment: Article 246 (1) of the Criminal Act (the point of gambling), Article 247 of the Criminal Act (the point of opening gambling places), and Article 247 of the Criminal Act (the point of opening gambling places), Defendant B, C, and D of each fine: Article 246 (1) of the Criminal Act (the choice of penalties)

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants: Article 48(1)1 of the Criminal Act

1. Defendants of the provisional payment order: The amount of fine prescribed in the summary order, in full view of all the sentencing factors expressed in the trial process of the instant case, including the Defendants’ age, sexual conduct, environment, criminal records, motive, circumstances, means and consequence of the crime, etc., as well as the circumstances after the crime.