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(영문) 서울중앙지방법원 2016.04.20 2016고단878
상습도박
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 27, 2013, the Defendant deposited KRW 4,200,00 in the “I” office located in Seocho-gu Seoul Metropolitan Government H with the Internet gambling site (J)’s account (L) to the said gambling site’s account in order to charge the coin used at the said site, and deposited KRW 4,200,000 into the said gambling site’s account (L). After dividing the card plaque by two pages on both sides, the Defendant carried out a “bamer’s name in the way of a large number,” from that time to January 6, 2014, the Defendant deposited KRW 95,620,000 in total over 154 times, as shown in the attached list of crimes, in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Evidentiary materials without gambling sites;

1. Application of Acts and subordinate statutes on response data to account holders in a national bank, and details of deposits in each account;

1. Article 246 of the Criminal Act applicable to the crime, Article 246 (2) and (1) of the Criminal Act of the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant’s crime of this case with the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act is likely to undermine the sound sense of work, and the nature of such crime is not less severe, and the Defendant’s gambling is more serious, etc., that are disadvantageous to the Defendant.

However, the fact that the defendant seems to seriously reflects the wrong and endeavor to prevent recidivism, and that there is no criminal record of the same kind of imprisonment or heavier punishment, etc. are favorable to the defendant.

In addition to the above circumstances, the punishment as ordered shall be determined in consideration of various sentencing conditions indicated in the records, such as the defendant's age, sex, environment, and circumstances after the crime.

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