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(영문) 인천지방법원 2013.06.28 2013고정1187
도박
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 17, 2012, from around 19:30 to 20:30 on July 17, 2012, the Defendant: (a) held in Jung-gu Incheon Metropolitan City’s “D” office by using 52 copies of each card; and (b) took one card on the floor according to the sequences; (c) first, if the line was issued with one card, the remaining persons were to have the lower score by summing up the number of the cards with the same number as the card which he left back, or the card with the same pattern of non-type, such as the card which he left back, or the card which finally holds the card with the same number as the card which he left back, and the winner was to have the lower score, and the winner was to have the 1,000 to 3,000 won, namely, “hulule” in the order of a low number of winners.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 246(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); the selection of fines for criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The defendant and his defense counsel asserted that the defendant and his defense counsel had a card as stated in the facts constituting a crime, but this is merely the degree of temporary entertainment.

However, in full view of the size of money recognized by each evidence in the judgment, the social status of gambling participants, friendly relations, and the circumstances leading to the instant crime, it is reasonable to view that the Defendant’s above act exceeds the level of temporary entertainment. Therefore, the Defendant’s above assertion is not acceptable.

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