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(영문) 서울서부지방법원 2014.11.14 2014고단763 (1)

폭력행위등처벌에관한법률위반(공동공갈)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. 도박 피고인과 B, C, D, E, F은 2013. 9. 29. 18:00경부터 같은 날 23:00경까지 서울 마포구 성산동 487-5에 있는 공원에서, 화투 20매를 사용하여 바닥에 다섯장씩 4패를 만들어 놓고 참가자들이 각자 원하는 패에 돈을 건 후 그 중 세장 숫자의 합이 10이나 20이 되도록 맞추고, 나머지 2장의 끗수가 높은 사람이 승한 방법으로 수 백만 원의 판돈을 걸고 속칭 ‘도리짓고 땡’이라는 도박을 함께 하였다.

2. On September 29, 2013, the Defendant attempted to commit fraud: (a) around 23:00 on the place indicated in paragraph (1); (b) as indicated in paragraph (1) and as indicated in paragraph (1), when the Defendant lost money by gambling; (c) on the part of the vehicle, the Defendant puts up a sign of a name with the inner cover so as to be favorable to the Defendant with the inner cover of the cover; (d) puts a mixture of the inner cover with the inner cover of the cover so as to be favorable to the Defendant; and (e) put the victim B, etc., who was stuffed with the previous cover of the cover of the cover of the cover of the cover of the cover of the cover of the cover of the cover of the cover of the cover of the cover of the cover of the cover of the cover of the cover

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Each statement made D and F in the first trial records;

1. Each statement in the second protocol of trial B, C, and E;

1. Application of Acts and subordinate statutes to the suspect interrogation protocol against G, H, I, J, and the accused;

1. Relevant Article 246(1) of the Criminal Act, Articles 352 and 347(1) of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Du1164, Apr. 1

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;