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(영문) 서울남부지방법원 2014.01.27 2013고정3889

도박

Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On October 5, 2013, from around 21:00 to 23:50 on the same day, the Defendants saw three points in the inside bank of the housing located in Gangseo-gu Seoul Metropolitan Government, using 57 years of age (57 years of age) and 48 years of age, and f (68 years of age). The Defendants saw 90,00 won in the form of paying 100 won in addition to 100 won to the longer, and saw 25 times in the form of “high saw”.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of F and E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Relevant provisions of the Criminal Act and Article 246 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. Article 48 (1) 1 of the Criminal Act for forfeiture;

1. Defendant A and his defense counsel asserted that the crime of this case is merely the degree of temporary entertainment and thus does not constitute a crime.

According to the evidence duly adopted and examined by this court, the Defendants, F, and E, who participated in gambling at the time, were considered to have relatively small amount of money, and the size of gambling was not significant. However, in light of the fact that Defendants, F, and E were not friendly or known to one another, and E and F moved to the above gambling place for gambling at night, and Defendant A moved to the above gambling place for gambling at night, it cannot be deemed that the Defendants’ act was merely a temporary entertainment level.

Therefore, this argument is not accepted.