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(영문) 제주지방법원 2020.12.09 2020고정589
도박
Text

Defendant

A, B, and C shall be punished by a fine of 300,000 won, and Defendant E shall be punished by a fine of 1 million won.

The defendants are the defendants.

Reasons

Punishment of the crime

1. Defendant A, Defendant B, and Defendant C, together from June 13, 2020 to 14:40 on the same day, carried out the gambling of approximately 100 won, i.e., the cash of KRW 100 per 100 won from the winning party’s 100 points of 100 to the winning party’s 14:00 won in total, for about 10 times, from the 14:00 to the 14:40 on June 13, 2020.

2. Defendant E, with knowledge of the fact that four persons, including A, etc., do gambling as above at the time, place, and place specified in the above Paragraph (1), provided the place of gambling and aided and abetting them by facilitating their gambling activities.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of police seizure records, list of seizure lists, field photographs statutes;

1. Defendant A, B, and C of the pertinent criminal facts: Defendant E of Article 246(1) of the Criminal Act: Article 246(1) of the Criminal Act appears to be a clerical error in the indictment.

Article 32(1)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) of the Criminal Act of confiscation;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Defendant D) provides that the Defendant, along with A, B, and C, from June 13, 2020 to June 14:40 of the same day, 100 won of cash 100 won per 100 points of the score earned by the winner by using 48 Tinculation in the Jeju City F and E’s residential premises on the first floor from June 13, 2020, he saw that the Defendant 100 won of the score earned by the winner to pay to the winner for about 10 times a total of KRW 247,00 won.

2. According to the records, since the defendant's death around October 25, 2020, which was after the prosecution, is recognized, the prosecution against the defendant should be dismissed by decision pursuant to Article 325 (1) 2 of the Criminal Procedure Act. However, as long as judgment is rendered on the remaining facts charged, this part of the prosecution is dismissed by judgment.

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