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(영문) 대구지방법원 2016.01.15 2015고단5321
도박개장등
Text

Defendant

A Imprisonment with prison labor of six months and fine of five million won, and Defendant B shall be punished by a fine of five million won and Defendant C.

Reasons

Punishment of the crime

1. On April 14, 2015, from around 23:00 to around 01:10 on the following day, Defendant A recruited people to visit and stay in the Cheongbuk-gun F, Cheongbuk-do, and prepared a place for gambling by lending the said pent, and prepared a coffee, flower, and ground-decris coefficient, etc., and 10,000 won from each of the 10,000 won to 10,000 won, and opened 10% of the gate for the purpose of profit-making by removing “Sado Ba” under the name of the opening fee for gambling.

2. The Defendants, together with the date and time, at the places specified in paragraph 1, come up with the blue tape, and sited on both blue tape. The Defendants, using the Chapter 51 of the Blue 51, carried a string 6 boxed on the floor, 10,000 won from the 10,000 won to the 10,000 won to the 3th end of the 10,000 won to the 10,000 won to the 10,000 won to the 10,000 won to the end.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each police officer in relation to G, H, I, J, and K;

1. Each protocol of seizure, report on internal investigation - Attachment of site photographs, application of the law of photographs;

1. Relevant legal provisions and the choice of punishment for the crime;

A. Defendants: Article 246(1) of the Criminal Act

(b) Defendant A: Article 247 of the Criminal Act (the occupation of gambling and the selection of imprisonment);

1. Aggravation of concurrent crimes (Defendant A) (former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

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

1. The community service order (defendant A) under Article 62-2 of the Criminal Act;

1. Article 48(1)1 of the Criminal Act (the Defendants)

1. Defendant A, B, and C for the reason of sentencing of Article 334(1) of the Criminal Procedure Act (the Defendants) has been sentenced to a fine or a suspended sentence of imprisonment for the same kind of crime in the past, and Defendant D has a history of being sentenced to the suspension of indictment for gambling.

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