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(영문) 청주지방법원 2016.11.24 2016고단1015
상습도박
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On March 6, 2014, the defendant was sentenced to suspension of indictment for gambling at the Sung-nam Branch of the Suwon District Prosecutors' Office.

On August 15, 2015, the Defendant connected to the Internet gambling website B by a computer from the PC room located in the Silju-si, the Defendant deposited game money by remitting KRW 2 million to the bank account (10050254***) in the name of the said gambling game site (10050254***) in the name of the said gambling game site, and used a gambling in which Baner and Payer choose either one, and the total number of card numbers is 9.

In addition, from that time until October 12, 2015, the Defendant deposited an amount equivalent to KRW 357,100,000 in total over 91 times, as shown in the attached list of crimes, from that time, from that time to that time, and filled up the game money equivalent to that of the same amount, and carried out gambling with the visitors.

Accordingly, the defendant habitually gambling the Internet.

Summary of Evidence

1. Defendant's legal statement;

1. An investigation report (in cases of attaching data on the closure of a gambling site), a criminal investigation report (the details of intelligence and gambling account specified), and a criminal investigation report (in cases of attaching data on details of transactions);

1. Details of deposits and transactions;

1. A statement on criminal records, etc.;

1. Habituality: Application of Acts and subordinate statutes that recognize the continuation of indictment in light of the records of the suspension of indictment, the method and period of crimes, the frequency of crimes, etc.;

1. Article 246 (2) and (1) of the Criminal Act and Article 246 (1) of the Criminal Act concerning the applicable criminal facts, the choice of imprisonment;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the period and frequency of the defendant's gambling, the scale and mistake of the gambling, and the fact that the defendant has no record of punishment, the fact that the defendant has no record of punishment, and other circumstances shown in the records and arguments, such as the defendant's age, character and conduct, environment, family relationship, motive for committing the crime, circumstances after committing the crime, etc., shall be determined as the same as the order.

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