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(영문) 광주지방법원 2015.09.24 2015고단2502
사행행위등규제및처벌특례법위반
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

From June 1, 2015 to June 6, 2015, the Defendant provided three game apparatuses, which are speculative gaming machines, at the c party room in Gwangju Mine-gu B and the second floor in Gwangju Mine-gu, and provided an unspecified number of customers who find the party room with three game apparatuses, so that they exchanged 5,00 won per 250 points obtained through the game.

Accordingly, the defendant was engaged in speculative activities using speculative gaming machines as a business.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. Records of seizure and the list of seizure;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 30 (1) 1 of the Act on Special Cases concerning the Punishment of Speculative Acts, etc. and Special Cases concerning the Punishment of Crimes;

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

1. Article 62-2 (1) of the Criminal Act on Probation;

1. The Defendant, on the grounds of sentencing under Article 48(1)1 and 2 of the Confiscation Criminal Act, committed the instant crime at the same place on December 10, 2012, in light of the following: (a) the summary order of KRW 3 million was issued on the grounds that the Defendant violated the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. on December 10, 201; and (b) the same crime on March 18, 2014, and (c) the Defendant had been punished twice for the same kind of crime, such as being issued a summary order of KRW 4 million on the same day; (b) the Defendant is not well aware of the fact that

However, the defendant operated three speculative gaming machines in his/her operation and thus, the speculative act was not the main business, and the profits acquired by the defendant are relatively small (special sponsor) and the defendant does not have any criminal records exceeding fines, and other circumstances such as the defendant's age, character and conduct, environment, etc., which are recommended types of imprisonment with labor for up to 4 months and 10 months [the second types of gambling places among the crime group of speculative game products].

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