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(영문) 대전지방법원 2018.12.21 2018고정1057
도박장소개설
Text

Defendant

A shall be punished by fine for negligence of KRW 2,000,00, and by fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. On February 7, 2018, the Defendant opened a gambling place under Defendant B’s name: (a) paid the money equivalent to KRW 10-200,000 to the winners of the gambling; and (b) the Defendant intended to open a gambling place by acquiring 20% of the total money as commission; and (c) around February 10, 2018, the Defendant installed a tent in the forest located in Sejong Special Self-Governing City E of Sejong Special Self-Governing City and opened a gambling place for the purpose of profit-making by having the players participate in the gambling and recruit the applicants to participate in the gambling.

2. Defendants C and A’s aiding and abetting the opening of a gambling place was contacted by B on February 7, 2018, and aided and abetting B’s opening of a gambling place by providing a dog with the knowledge that B would have opened a gambling place for profit, such as the places described in paragraph (1), around February 10, 2018, at around 20:00, and as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of the police officer in relation to F, G, H, I, J, K, L, M, N, P, Q, Q, S, T, U,V, and W;

1. A list of seizure records (voluntary submission), and a list of seizure;

1. Application of Acts and subordinate statutes to a criminal investigation report and a criminal investigation report;

1. Relevant Article of the Criminal Act and subparagraph B of the option of punishment against the crime: Defendant C and Article 247 of the Criminal Act (Selection of Penalty), Article 247 and Article 32 (1) of the Criminal Act (Selection of Penalty)

1. Defendant C and A eligible for mitigation: Article 32(2) and Article 55(1)6 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Confiscation Defendant B: Article 48(1)1 of the Criminal Act;

1. Defendants of the provisional payment order: The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Defendant C”) shall be taken into account under the unfavorable circumstances, such as the Defendant’s environment, motive, means and consequence of the commission of the crime.

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