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(영문) 창원지방법원 통영지원 2019.11.29 2019고단1077

사행행위등규제및처벌특례법위반

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No one shall engage in speculative activities as a business by using slot machines or speculative gaming machines, other than speculative business.

Nevertheless, the Defendant, on June 15, 2019 to June 26, 2019, had a large number of unspecified customers visiting the above game site put cash in the above game machine by installing 6 outdoor gaming machines, which are speculative electronic machines not classified by the Game Management Committee, and allowing them to put up the said game in the game machine, and, on the basis of the arrangement of the forest or number operated by the beginning server, carried out speculative acts by converting the points remaining at the end of the game into 500 cash 10,000 won per cash.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Records of seizure and the list of seizure;

1. A statement of the details of detection and a statement of 112 reported cases processing;

1. Application of Acts and subordinate statutes to investigation reports (as to attachment of site photographs);

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Specific Criminal Crimes, Regulation of Speculative Acts, etc. and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

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

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

1. The scope of punishment by law: Imprisonment for one to five years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines and the establishment, etc. of gambling places on the grounds of gambling and game products: [Type 2] None of the business, etc. of speculative gaming machines [the scope of recommendation areas and recommendation types] [the scope of recommendation fields and recommendation types] basic area, imprisonment for eight months to one year and six months.

3. Although the decision of sentence was made two times before and after the same fine for the defendant, the game room or exchange size is not much significant, the defendant shows his attitude to reflect his mistake by recognizing his mistake, and the age, character, character and environment of the defendant.