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(영문) 서울서부지방법원 2017.06.23 2016고단2929

도박개장등

Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On August 10, 2016, from around 21:00 to the next day 02:30 of the following day, the Defendants used 49 chapters in the dwelling area of Defendant A on the first floor of Eunpyeong-gu Seoul Metropolitan Government I, and used 3 points in the first place by making use of 49 chapters in the dwelling area of Defendant A in the first floor of Eunpyeong-gu, Seoul. The Defendants carried out gambling, i.e., “high saw saw saw over several hundreds by adding 200 won to 3 points and 200 won each time when adding 1 points.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes to photographs of each protocol of seizure, list of seizure and seized articles;

1. Defendants of the relevant legal provisions concerning criminal facts: The main sentence of Article 246(1) of the Criminal Act

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

1. A defendant A, B, C, and E: Article 48 (1) 1 of the Criminal Act;

1. Defendants of the provisional payment order: The portion not guilty under Article 334(1) of the Criminal Procedure Act

1. The summary of the facts charged is as follows: (a) from February 1, 2016 to August 11, 2016, Defendant A prepared 49 saw saw 11 to provide the above places as gambling places; and (b) provided meals, coffee, tea, etc. to many unspecified people who gambling with convenience of gambling, such as providing them with food, coffee, and so on; and (c) opened the place of gambling such as obtaining the uninterest in the amount of money.

2. Determination and conclusion opening of gambling is established when a person is in the place of gambling by himself/herself and under his/her control. The term “for profit” in this context refers to the intent to obtain illegal pecuniary benefits in return for opening gambling.

Defendant

As to whether A established a gambling place for profit, there is a lack of evidence to acknowledge it only by the evidence of each legal statement and inspection of the health team, witness E and D with respect to whether A established a gambling place for profit, and there is no other evidence to acknowledge it.

Therefore, since the above facts charged against Defendant A constitute a case where there is no proof of crime, Article 325 of the Criminal Procedure Act is applied.