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(영문) 광주지방법원 목포지원 2013.04.04 2012고단1586 (2)
도박개장
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From around 17:00 to around 22:00 on March 14, 2012, the Defendant: (a) provided “C hotel” 507; (b) 200,000 won per 20,000 won per 1,000 won per 20,000 won in return for the provision of a place of gambling; (c) opened a gambling place by communicating with D, E, F, G, and H, and then opening the place of gambling in the said room; and (d) provided them with a tool for gambling and lending money; and (d) acquired profits of KRW 200,000 in return for the provision of the place.

As a result, the Defendant opened gambling for profit.

2. From March 15, 2012 to 22:00 on March 15, 2012, the Defendant: (a) had G, D, H, E, I, and J engage in high-saw gambling in the same manner; and (b) opened gambling for profit.

3. From March 16, 2012 to 22:00 on March 16, 2012, the Defendant: (a) had G, H, I, F, and D engage in high-saw gambling in the same manner; and (b) opened gambling for profit.

4. From March 17, 2012 to 15:00 on March 17, 2012, the Defendant: (a) had H, F, D, and E engage in high-saw gambling in the same place; and (b) opened gambling for profit.

5. From March 17, 2012 to 20:00 on March 17, 2012, the Defendant: (a) had K, H, L, M, I, and F engage in high-saw gambling in the same manner; and (b) opened gambling for profit.

Summary of Evidence

Each police suspect examination protocol against Defendant’s legal statement, D/E/F/G/H/J/L/M, and the application of statutes on seizure records.

1. Relevant legal provisions concerning facts constituting the crime: Each of the criminal laws that choose to be punished by imprisonment. Article 247 (Consideration of Mambling for the purpose of making profits, Consideration of the fact that the nature of the crime is not good and three times of gambling criminal records, etc.);

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

3. Article 62 (1) of the Criminal Act;

4. Probation of the Criminal Act;

5. Confiscation.

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