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(영문) 서울중앙지방법원 2014.10.29 2014고정4584

도박

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On December 23, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, bodily injury, etc.) at the Seoul Central District Court on December 23, 2009, and the judgment became final and conclusive on June 24, 2010.

From October 23, 200 to October 11, 2009 to October 06, 2009, Defendant D’s, B, D, E, F, G, and H got more than three times with four cards per capita card in Seongbuk-gu Seoul, and 3,000 won starting from the first 1,00 won with 52 card cards, and up to three times each time they receive one card, and the person with the card with the lowest number of card is called “balone in this way.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol for B, C, D, E, F, G, and H (including the substitute part);

1. Records of seizure and the list of seizure;

1. Investigation report (Attachment of seized siren cards and photographs);

1. Previous records: Investigation report (verification of previous records and facts of concurrent crimes by the accused), summary agreement meetings, and application of Acts and subordinate statutes of each judgment;

1. Article 246 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The decision is rendered as above on the grounds that the latter part of Article 39(1) of the Exemption Criminal Act [the crime of this case is in the relation between the crime of final judgment stated in the judgment and the concurrent crime under the latter part of Article 37 of the Criminal Act and the crime of violation of Article 39(1) of the Criminal Act, such as violation of the Punishment of Violences, etc. Act (a collective weapon, injury), etc. of which judgment becomes final and conclusive, and the seriousness of the crime as indicated in the judgment, the period and time of the crime, and other circumstances of the crime, the defendant's age, character and conduct, occupation and environment, the motive and circumstances leading to the crime, the method and consequence of the crime, the circumstances before