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(영문) 광주지방법원 2015.06.19 2015고단1073

도박장소개설

Text

Defendant

The punishment against A shall be six months, and the imprisonment with prison labor for Defendant B shall be eight months.

Reasons

Punishment of the crime

1. 피고인들은 O과 공모하여, 2015. 2. 5.경 전남 무안군 P에 있는 상호불상의 펜션에서 Q, R 등 수십 명을 모아놓고 1회에 수백 만 원의 판돈을 걸고 속칭 ‘도리짓고땡’ 도박을 하게 하고, 매판마다 판돈의 10%를 속칭 ‘알(고리)’로 뜯어 하루 평균 약 400만 원 상당의 수익을 올림으로써, 영리를 목적으로 도박장소를 개설하였다.

2. On February 6, 2015, the Defendants, in collusion withO, opened a gambling place for profit-making purposes by raising an average of approximately KRW 4 million per day, in the same manner as described in paragraph 1, from the mutual influences in Yong-Namnam Asia S, by means of the same method as described in paragraph 1.

Summary of Evidence

1. Application of the Defendants’ respective statutory statements statutes

1. Relevant Articles 247 and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment (or choice of imprisonment with prison labor for the accused);

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the same Act among concurrent crimes;

1. Article 10 (1) of the Act on the Regulation and Punishment, etc. of Concealment of Criminal Proceeds (for defendants), the additional collection is made;

1. The reasons for the sentencing of Article 334(1) of the Criminal Procedure Act (as to the defendants, the defendants were sentenced to a suspended sentence of imprisonment for the same kind of crime, and again committed the crime of this case during the suspended sentence period. Defendant A was punished as the crime of opening a gambling place. Defendant B had the records of punishment seven times as the crime of gambling, habitual gambling, gambling, aiding and abetting gambling, and opening a gambling place. In each of the crimes of this case, each of the crimes of this case, the role of each of the defendants, the age, character and conduct, and criminal records of the defendants as shown in the arguments and records of this case shall be determined by taking into account all the conditions of the pleadings and records of the crime of this case.