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(영문) 부산지방법원 2014.05.08 2014고정385
도박
Text

The sentence of punishment against the Defendants shall be suspended.

Nos. 2, 3, 4, 5 of the evidence seized by the defendant A.

Reasons

Punishment of the crime

At around 21:30-23:45 on November 26, 2013, the Defendants 1,070 won in total, including A350,000 won, Defendant B 223,000 won, Defendant C202,000 won, Defendant D 178,000 won, and Defendant E 117,000 won, and 1,000 won in the order of priority by using 52 tep cards, and hump cards to provide passengers with KRW 1,00-4,000 to 12 hours over 12 hours.

Summary of Evidence

1. Defendants’ partial statement

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

1. Defendants of relevant legal provisions concerning criminal facts: Article 246(1) of the Criminal Act

1. Sentence Defendants: Fines of 300,000 won;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) (50,00 won per day) of the Criminal Act;

1. Defendants of suspended sentence: Article 59(1) of the Criminal Act (see, e.g., when considering the initial offender);

1. The Defendants: the Defendants and the defense counsel’s assertion on the assertion of the Defendants and the defense counsel under Article 48(1)1 of the Criminal Act asserted that the instant gambling act is limited to the extent of temporary recreation, thereby not constituting a crime.

According to the records, the Defendants began gambling with a level of KRW 200,000, and the amount of KRW 1.50,000 for each of the Defendant was recognized. In light of the scale of the funds provided for the gambling of this case, it cannot be deemed that the extent of temporary entertainment is different.

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