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(영문) 대구지방법원 김천지원 2015.07.16 2015고단412
도박장소개설
Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person who operates a “C fishing place” in Kimcheon-si B.

Since June 12, 2013, the Defendant had been running the above fishing place from around June 12, 2013, and the funeral was not well-known, and the Defendant had been willing to attract customers by opening a meeting of fishing times using the method of selling admission fees to the above fishing place and dividing the said money in the order of the size of the body of body.

From February 14, 2015 to February 28, 2015, the Defendant received 40,000 won of admission fees from customers who found the above fishing place, and then, the Defendant paid 50% of the total admission fees on the day to the largest customer (1st, etc.), 20% of the total admission fees to the second-class customer, and 10% of the total admission fees to the third-class customer, thereby allowing customers to gain pecuniary profits if they fish are frighten by influent means.

Accordingly, the defendant set up a place for gambling for profit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Examination protocol of police suspect regarding D;

1. Investigation reports (including details of receipt of reports and field photographs), investigation reports (Attachment of a site and seized objects), investigation reports (Attachment of a certificate of registration of a fishing place business);

1. Application of Acts and subordinate statutes to each protocol of seizure and each list of seizure;

1. Article 247 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution (it shall be considered that there is no past record of the same kind of crime, the confession and reflect on the crime, family support relationship, economic situation, military service relationship, etc.);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 48 (1) 1 (No. 1 through 3) and 2 (No. 4) of the Criminal Act to be confiscated;

1. Article 48 (1) 2 and (2) of the Criminal Act;

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