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(영문) 인천지방법원 부천지원 2016.04.06 2015고정1046
도박
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

피고인은 C, D, E과 함께 2015. 8. 29. 22:00 경부터 같은 날 23:00 경까지 부천시 오정구 F에 있는 'G 슈퍼' 내에서 화투 20매를 이용하여 선이 다섯 장씩 네 가지 패를 만들어 놓으면 그 중 한패를 선택하여 돈을 걸도록 하고 난 뒤 다섯 장을 뒤집어 세장 숫자의 합이 0이 되도록 맞추어 버리고 나머지 두 장의 패로 미리 약정된 규정에 따라 승자가 판돈을 가져가는 방식으로 약 1시간 동안 총 판돈 100만원으로 속칭 ' 도리 짓고땡' 이라는 화투 도박을 하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made in each police statement against D and C [the defendant and his defense counsel did not participate in the gambling of this case by the defendant;

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, D and C made a statement to the effect that they participated in gambling at the time of the police investigation immediately after the instant case: (a) the credibility of the statement can be acknowledged in light of the following: (b) the Defendant was also the specific part of the statement (in particular, the specific part of the Defendant, etc.); and (c) there are no circumstances to deem that the statement was made for the purpose of doing harm to the Defendant at the time; (d) the Defendant was made a false statement for the purpose of doing harm to the Defendant; (e) these statements were made to the effect that the Defendant was at the time of appearance as a witness at this court, but it was not accurate whether the Defendant was s

According to this, it can be sufficiently recognized that the defendant had been staying for the gambling of this case, and therefore, the above assertion by the defendant and his defense counsel is without merit).

1. Relevant Article 246 of the Criminal Act concerning the facts constituting an offense, Article 246 (1) of the Criminal Act selecting a penalty, and selection of a fine;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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