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(영문) 광주지방법원 목포지원 2013.05.31 2013고단629

상습도박

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

【Criminal Power】 On November 17, 2010, the Defendant was issued a summary order of KRW 500,000 for gambling as an offense in the field of gambling in the Gwangju District Court’s wooden Branch Office, was sentenced to a stay of indictment for gambling in the District Prosecutors’ Office on February 19, 201, and was sentenced to a stay of indictment as an offense of gambling at the District Prosecutors’ Office on April 4, 201, and was written on July 31, 2012 as stated in the indictment.

The sentence of imprisonment with prison labor for 6 months for gambling opening in the Gwangju District Court's Magpo-gu branch court was sentenced to two years, and the appeal is currently pending in the appellate court.

【The Defendant, along with D, E, F, and G on April 10, 2013 to 20:50, 【I shop’s 4th floor office of the “I shop’s” building located in Si in Si in Si of Mapopopo City from April 10, 2013, and 1,000 won for each additional point of 3,00 won and 1,000 won for a person who first ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever ever -

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against D, E, F, G, and J;

1. Records of seizure and the list of seizure;

1. Seized objects and photographs;

1. Previous convictions indicated in the judgment: Criminal history records, references to criminal records (A), reports on results of confirmation before disposition, investigation reports (Attachment to copies of written judgments against A), investigation reports (Attachment to previous records, summary orders, and copies of written decisions of non-prosecutions);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime and the fact that the same kind of crime was repeated within a short period of time;

1. Article 246 (2) and (1) of the Criminal Act applicable to the crime and Article 246 (1) of the Selection of Punishment Act (Taking into account the fact that the defendant commits the crime of this case at least six days after he/she was sentenced to a suspended sentence due to the election of imprisonment and the opening of gambling);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act; and Article 62

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;