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(영문) 광주지방법원 해남지원 2016.09.22 2016고정74

상습도박방조

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 10,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

[criminal record] Defendant B received a summary order of KRW 700,000 won as an gambling crime from the Gangnam Branch of the Chuncheon District Court on November 25, 2005, in addition to the summary order of KRW 700,000,000, more than twice.

[Criminal facts]

1. Defendant B’s habitual gambling with C, D, E, F, G, H, and I: (a) from around 20:0 on March 16, 2016 to around 00:45 on the following day, Defendant B habitually used K hotel 204 to Trum card 52 from around 20:0 on March 16, 2016; (b) 6 lines each distribute 4 pages of the card and exchange the card in order; and (c) the number of the 4 forms of the card last owned is different; and (d) the sum of 35,098,000 won each time by a person whose aggregate number is the lowest, who habitually brought about the money.

2. Defendant A’s gambling aiding and abetting Defendant A’s gambling at the above date, time, and at the above place, 8 persons, such as C, etc., were aware of the fact that they were gambling as above, and, in order to assist Defendant A’s gambling, 5 million won in cash were lent to the above D and the above H as a gold.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of H, G, L, or M by the prosecution;

1. A protocol concerning the examination of each police suspect against N or F;

1. A fourth-time protocol concerning the examination of suspect of the police;

1. Each protocol of seizure and the list of seizure;

1. The offender's domicile (additional suspect);

1. Gambling site photographs;

1. Investigation report (fields at the gambling sites);

1. Habituality of Defendant B’s holding: Application of the Acts and subordinate statutes recognizing damp walls in light of the records of each crime, the number of crimes, and the frequency of crimes;

1. Relevant Article 246 (1) and Article 32 (1) B of the Criminal Act: Defendant B, Article 246 (2) and Article 246 (1) of the Criminal Act, and Article 246 (1) of the Criminal Act, the selection of fines;

1. Defendant A who is eligible for mitigation: Articles 32(2) and 55(1)6 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;