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(영문) 서울서부지방법원 2019.10.23 2019고정641

도박장소개설

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

From January 17, 2019 to 08:00, the Defendant provided 52 cards to C, D, etc. at the Defendant’s house located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul from January 17, 2019 to 08:00, the following day: (a) had C, D, etc. use 52 card to change 1 card; and (b) had C, D, etc. thrown the card into 52 card; and (c) thrown the card with the same form of pattern or continuous number into the floor; and (d) had 0 to 0 to 1,00 to 4,00 to 1,00 to 10 to 4,00 to 18,00 to 10 to 10 to 4,00 to 10 to 10 to 0 to 0 to 0 to 4,00 to 1,00 to 20 to 20 to 20 to 20 to 20 to 2.

The Defendant received KRW 180,00,00, which is a part of the profits accrued, from C, D, etc., for gambling.

Accordingly, the defendant set up a place for gambling for profit-making purposes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C or D;

1. A written statement of C and D;

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

1. Application of Acts and subordinate statutes to investigation reports and field photographs;

1. Article 247 of the Criminal Act and Article 247 of the Criminal Act concerning the crime, the choice of fines;

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

1. Based on the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing conditions specified in the trial process of the instant case, including the following circumstances and the Defendant’s age, character and conduct, environment, motive and consequence of the crime, and the circumstances after the crime, the sentence is determined as ordered.

A favorable circumstances: It is expected that no re-offending will be made in the future, and there is no record of punishment except for the previous offense of a fine once.

Unfavorable circumstances: the defendant.