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(영문) 창원지방법원 밀양지원 2013.09.12 2013고정64
도박
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, together with C, D, and E on August 31, 2012, from around 23:00 to around 00:40 on September 1, 2012, 2012, used 52 copies from D’s house located in F at G at G at G at G at G at G at G at G at G at G, and used 3 points in the event of three points, and used 30 to 40,000 won in the manner of giving 200 won to the winners, and used 1 point, as a prompt term “stop”, a sum of 40,000 won in 20 to 40.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Each police suspect interrogation protocol of C and E;

1. A criminal investigation report (a photographic scambling site, a motion picture, and a situation attached);

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

1. Relevant Article 246 (1) of the Criminal Act concerning the facts constituting an offense and Article 246 (1) of the Selection of Punishment;

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

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

1. The defendant and his defense counsel asserted that the argument of the defendant and his defense counsel regarding the provisional payment order under Article 334 (1) of the Criminal Procedure Act is recognized as having friendship, but it is merely a temporary entertainment and it does not constitute the crime of gambling.

However, it is reasonable to view that the above act by the defendant exceeds the extent of temporary entertainment in full view of the size of money recognized by each evidence of the judgment, the time and place of gambling, the social status of gambling participants including the records of gambling crime, and friendship relation. Therefore, the above assertion by the defendant and his defense counsel is not acceptable.

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