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(영문) 창원지방법원 마산지원 2013.10.17 2013고정544
도박
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, along with B, C, D, and E on April 17, 2013, from around 19:50 to around 20:10 on the same day, divided into 52 copies of the card into “G” located in Changwon-si, Changwon-si, and 52 copies of the card, and then discarded all cards in the prescribed order. In the first place, if a person with low points has set up a card, he shall be determined as the winner of the plate, and 1,000 won, 2, 3, 3, 4,00 won, 4,00 won, 3,00 won, 3,00 won, and 4,00 won, by giving the winner of the plate.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol for B, C, E, or D;

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

1. Relevant Article 246 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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's assertion as to the defendant's assertion under Article 334 (1) of the Criminal Procedure Act is true, but it is merely the degree of temporary entertainment as stated in the facts charged. However, in light of the size of the market provided for the crime of this case, the defendant's age, occupation, income level, social status at the time of the crime of this case, and the fact that the defendant and other actors have been punished or criminaled for the same kind of crime, it is reasonable to view that the act as stated in the defendant's judgment exceeds the degree of temporary entertainment. Thus, the above argument by the defendant is rejected.

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