A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

The Defendant, who was called “C” and operated a private gambling in the gambling place, was gathered to open the gambling house with D, E, and three other persons, and the Defendant was in charge of the duties within the gambling place, and D collected persons who engage in gambling, and E divided the roles of each person, such as viewing the gambling network by the police while gambling is in progress.

The defendant, together with D, E, etc., from February 2, 2013 18:00 to February 2, 2013

2. 3. 03:40까지 고양시 덕양구 F에 있는 비닐하우스에서, 위와 같은 방법으로 도박장을 개설한 다음 G 등 30명 상당의 도박 참가자들로 하여금 속칭 ‘도리짓고땡’ 이라는 도박을 수십 회 하게 하고, 판돈의 5% 상당을 수수료 명목으로 받았다.

Accordingly, the defendant, in collusion with D, E, etc., opened gambling for profit.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol of D or G;

1. Application of each photograph, each of the Acts and subordinate statutes reporting on investigation;

1. Article 247 of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); Article 30 of the Criminal Act regarding criminal facts;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The scope of punishment by law: Imprisonment with prison labor for not more than three years;

2. Where a group of persons commits a crime systematically by sharing the roles of a group of persons in accordance with the sentencing guidelines [decision of a type], the establishment of a place for gambling, etc., and the type 3 (special-sponsor], and where he/she leads the crime, directs the planning or implementation of the crime, or plays a key role (aggravated decision), referring to an aggravated area, one year and four years;

3. On November 11, 1999, the defendant, including one year and two months of a suspended sentence, was sentenced to imprisonment with prison labor for the crime of gambling opening and gambling on November 14, 2005, and two years of a suspended sentence were sentenced to imprisonment with prison labor for the crime of habitual gambling on January 14, 2005, and six months of a suspended sentence.