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(영문) 의정부지방법원 2017.11.09 2017고정1955
도박
Text

Defendant

A A Fines of 500,000 won, Defendant B of 700,000 won, and Defendant C of 5,000,000 won, respectively.

Reasons

Punishment of the crime

1. D, Defendant A, and Defendant B’s joint crimes (gambling) and the Defendants, around June 2, 2017, around 15:10 to 15:15 on the same day, at C’s residence located in Dongbcheon-si, Gyeonggi-do, a person who first pays three points pursuant to the pre-determined 51 using the head of 51, and a person who first pays three points more than three times in addition to the first 200 won for the first son, and each 1 point added 200 won for the first son, and 376,000 won for the first son, and 73,000 won for the Defendant A, and 66,000 won for the Defendant B, 515,000 won for the Gohap, and 515,000 won for the first son.

2. On June 22, 2017, from around 15:10 to around 15:15 on the same day, Defendant C prepared for the head of the said place and the 51 scambling so that three persons, such as D, A, B, etc., can scambling in his/her residential house located in Gyeonggi-do E in Gyeonggi-do.

The defendant provided the above convenience and collected 2,000 won per hour under the pretext of user fees and tried to acquire profits.

As a result, the Defendant opened gambling for profit.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of D;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes to the site and seized articles;

1. A and B of the pertinent legal provisions and the choice of punishment for the crime: Defendant C of Article 246(1) of the Criminal Act (Optional to the punishment) Article 247 of the Criminal Act (Optional to the punishment): Article 247 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendant A and B: Article 48 (1) of the Criminal Act;

1. Defendants of the provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that CCTV camera has been installed at the outside of the instant gambling place to avoid crackdown; Defendant C, who opened the gambling place, was entitled to usage fees of KRW 2,000 per hour; Defendant B had past records of being punished as one fine for gambling crime; Defendant C was punished as a single fine.

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