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(영문) 광주지방법원 2014.02.05 2013고단5532
체육시설의설치ㆍ이용에관한법률위반등
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence1 to 3 shall be confiscated from the accused.

Reasons

Punishment of the crime

1. The Defendant, without filing a report with the competent authorities, set up 10 watches in the name of “C” from the beginning of August 2, 2012 to August 2, 2013 from the beginning of August 2, 2013, and received the fee per hour from customers.

2. From the beginning of July 2013 to August 2, 2013, the Defendant carried on the speculative act as a business by installing four game apparatuses of the body posters, which are speculative gaming machines, at the billiard places as indicated in paragraph (1), and allowing customers to carry on the game, and exchanging the remaining points after the game in cash.

3. On August 2, 2013, the Defendant: (a) controlled the police by committing the crime referred to in paragraphs 1 and 2 of the same Article; (b) “In Korea, he was engaged in a business using the body posters game machine in the Gu room and was controlled by the police; and (c) when he was punished for the crime during the period of suspension of execution after being tried for the same crime, he would be subject to heavy punishment; (b) instead, upon requesting the police officer in charge of the police station in Gwangju Mine Police station to conduct an investigation as the main owner of the party; and (c) on August 14, 2013, D led the police officer in charge to escape from the Defendant who committed the crime corresponding to a fine or heavier punishment.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A written statement of E and F;

1. Requests for the results of appraisal;

1. Reporting on detection;

1. Application of Acts and subordinate statutes to a report on investigation (73 pages of investigation records);

1. Article 38 (2) 1 and Article 20 of the Installation and Utilization of Sports Facilities Act concerning facts constituting an offense, and Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., and Articles 151 (1) and 31 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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