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(영문) 광주지방법원 2016.05.11 2016고단693
상습도박
Text

The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 4, 2014, the Defendant was issued a summary order of KRW 500,00,000 for gambling at the Busan District Court.

From July 2, 2015 to July 28, 2015, the Defendant habitually deposited KRW 303,060,000 in total over 66 times in the account designated by the above site operator (K and stock company) from the Internet private gambling site (foreign exchange bank I andJ) after having access to the EPC located in Gwangju Mine-gu or GPC located in the same Gu F, by means of computers, and deposited KRW 303,060,000 in total, as shown in the list of crimes in attached Table 66 times, and deposited KRW 2 to 300,000,000 in total, and received the corresponding game money and received the card 2 to 9, the sum of the card 9.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of each account transaction;

1. Views by capturing a gambling site;

1. Information about the confirmation of the access to, and the access to, the gambling site;

1. Previous conviction: A written inquiry and a criminal investigation report (referring to a report accompanied by a summary order against the suspect);

1. Habitualness of the judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of the crime in the judgment (referring to cases where a carbaging is done on the Internet), the period and frequency of the crime, the types of gambling, the scale of gambling, etc.;

1. Article 246 of the Criminal Act applicable to the crime, Article 246 (2) and (1) of the Criminal Act (including), and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act;

1. An offense for which the sentencing criteria are not set;

2. Determination of sentence: The sentence shall be determined as ordered, in consideration of all the sentencing conditions shown in the pleadings of the instant case, such as the defendant's age, sex, environment, circumstances, and conditions of crime committed, as set forth in the fourth month (one year of suspended sentence) and the following circumstances:

Unfavorable circumstances: the high risk of harming the sound labor concept of society in light of the types of gambling, the frequency of gambling and the scale of gambling, and the same kind of gambling as March 2014.

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