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(영문) 대구지방법원 상주지원 2015.05.26 2015고단143

상습도박

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant A had two same kinds of force including imprisonment with prison labor for one year for habitual gambling in the Daegu District Court resident support on September 10, 2009.

Criminal facts

1. On January 25, 2015, from around 00:00 to around 02:05, Defendant A habitually divided F, G, H, I, J, L, M, N, P, P, Q, Q, R, T, U into both sides, and carried out gambling, namely, “Adog” in the shape of approximately KRW 10,00 won in total, over 30 times in the name of the team in which the team had a high number of the number of the marks of the T.m. and the sum totaled up to KRW 10,00,000 in total.

2. In collusion with Defendant B, the Defendant: (a) opened and managed gambling establishments as “warehouse” referred to in the above paragraph (1) at the time and place; (b) opened and managed gambling establishments; and (c) opened gambling establishments; and (d) made it easy to commit the crime by facilitating the opening of gambling to provide coffee or drinking water to the participants in gambling to assist them; and (c) aiding and abetting the act of opening gambling establishments for profit.

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. Each police interrogation protocol against E, F, G, H, I, J, K, L, M, P, P, Q, R, T, and U;

1. Each protocol of seizure and the list of seizure;

1. Previous records of judgment: Criminal records, reply reports, copies of judgment, etc.;

1. Habitualness of judgment: Recognition of dampness in light of criminal records, etc. in the judgment (Defendant B);

1. Defendant's legal statement;

1. Each police suspect interrogation protocol concerning E and V;

1. Application of Acts and subordinate statutes to each protocol of seizure and the list of seizure;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 246(2) and (1) of the Criminal Act;

(b) Defendant B: Articles 247, 32(1), and 30 of the Criminal Act

1. Defendants on probation: Article 62(1) of the Criminal Act

1. Defendants on probation: Article 62-2 of the Criminal Act.