Defendant shall be punished by a fine of KRW 700,000.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

피고인은 C과 함께 2017. 6. 5. 15:00 경 전 북 정 읍에 있는 가정집에서, 화투 20 장을 이용하여 기본 10,000원의 판돈을 걸고 추가로 일정 금액을 더 걸도록 하고, 각자 가지고 있는 화투의 숫자 합의 끝 수가 0이 되도록 하거나, 화투의 합이 높은 사람이 이기는 방법으로 수십 회에 걸쳐 속칭 도리 짓고땡 도박을 한 것을 비롯하여 그 때부터 2017. 6. 9. 경까지 별지 범죄 일람표 기재와 같이 속칭 도리 짓고땡 도박을 하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the suspect of the defendant, D, or C by the prosecution;

1. A protocol concerning the examination of each police suspect against the defendant, D, or C;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 246 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 70 (1) and Article 69 (2) of the Criminal Act on confinement in a workhouse (where a sentence of suspension of execution becomes void and revoked, and the defendant fails to pay a fine);

1. Article 62(1) of the suspended execution of the Criminal Act [The circumstances favorable to the defendant, such as the fact that the defendant recognized his/her mistake and actively cooperated in the investigation, and the fact that he/she has no record of the same kind of crime];

The argument is asserted.

However, statement of facts constituting an offense in response to an official questioning or investigation by an investigative agency is only confessions and does not constitute a self-recover (see Supreme Court Decision 92Do962 delivered on August 14, 1992, etc.). Therefore, even if some of the crimes were led to confessions in the process of holding that the crime was committed in a single comprehensive crime offense, it cannot be treated equally as self-decover, and the aforementioned assertion by a prior counsel on a different premise is rejected).