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(영문) 대구지방법원 김천지원 2011.01.19 2009고단1279 (2)

공갈 등

Text

Defendant

B A fine of KRW 1 million shall be punished by each fine of KRW 2 million, Defendant C, Defendant D, and Defendant A.

Reasons

Punishment of the crime

1. The Defendants, along with E and F, 09: from around 09:30 on January 12, 2009 to 15:00 on the same day, 1,000 won 1,00 won each at first using 52 cards, and received 4 cards each at first by using 52 cards, and the number different from the pattern of non-finite in Chapter 4 of the card finally held each time when the card is altered, and the number is different from that of non-finites at each time, and the number of which is less than that of the card is expressed in the order of a person whose number is less than that of the card.

2. Defendant C, D, and A’s gambling crime committed with Defendant C, D, H, and F, together with E, H, and F, 08:0 on January 13, 2009 to 13:00 on the same day, Defendant C, D, and A engaged in gambling, namely, “bagod” in the same manner as the preceding paragraph, from around 08:00 on January 13, 209 to 13:00 on the same day.

Summary of Evidence

1. Each legal statement of the defendant C and D

1. Each police interrogation protocol of the defendant A and B;

1. Application of each police interrogation protocol to E, H, and F;

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

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants C, D, and A from among concurrent crimes: the former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Defendants of the provisional payment order: The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act are not present at the trial date of this court, taking into account the defendants’ gambling frequency, size, etc.