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(영문) 수원지방법원 성남지원 2018.06.20 2018고정316

도박

Text

Defendant shall be punished by a fine of KRW 100,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

[criminal history] On October 12, 2017, the Defendant was sentenced to one year and six months of imprisonment for a violation of the Punishment of Violences, etc. Act (Habitual special injury) in support of the Sungnam branch of Suwon branch on December 12, 2017, and the judgment became final and conclusive on December 22, 2017. On February 6, 2018, the Defendant was sentenced to eight months of imprisonment for compulsory indecent act by the same court as on February 14, 2018, and the judgment became final and conclusive.

[Criminal facts] The main office B, C and D are non-permanent workers, E and Defendant A are non-commercial workers, and the defendant and the remainder are known to each other except B.

On August 20, 2017, from around 12:00 to around 15:10 on the same day, the Defendant and the remainder received each of his own four card from each of his own 4 and exchanged his card three times by using Trum card 52 in the way that he takes the drinking value in front of the Sungnam-dong community service center of Sungnam-gu from around 35th day of Sungnam-si from around 12:0 to around 15:10 on the same day. The Defendant and the remainder received each of his own four card using Trum card 52, and exchanged the card three times, and used the gambling that the person with a card with a low number of different from each other among the remaining cards after the final betting was a humd for three hours.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against B, C, D, or E;

1. A protocol of seizure and a list of seizure;

1. A report on investigation, on-site photographs, and photographs related to gambling;

1. Previous convictions: (A) a response to inquiries, such as criminal history, one copy of search output of each consolidated case, and one copy of each written judgment;

1. The main sentence of Article 246 (1) of the Criminal Act concerning the facts constituting an offense;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the confession of the defendant and reflects against the defendant; (b) the equity between the case where each judgment became final and conclusive at the same time as the case where the judgment is rendered; and (c) the defendant’s age, sex behavior, environment, motive, means and consequence of the crime; and (d) the circumstances after the crime.