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(영문) 춘천지방법원 속초지원 2013.10.02 2013고정154
도박
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On February 22, 2013, from around 20:20 to 20:50, the Defendant, along with B, C, D, and E, took part in the house located in F from from around 20:20 to at least 20:50, by dividing the unit of 52 fire fighting in the house located in F, using the unit of 7 fire fightings per person, and then, at least 3 points per person shall be first paid in accordance with the rules, such as the fluoring of the fluor on the floor the fluor in the same fluor, etc., and the fluor of the fluor’s fluor’s 200 won per unit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol on G, C, or D;

1. On-site photographs;

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

1. Article 246 (1) of the Criminal Act applicable to the facts constituting the crime;

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’s assertion of Article 334(1) of the Criminal Procedure Act as to the Defendant’s assertion of the provisional payment order is acknowledged to the effect that it is not guilty, but it is merely a temporary entertainment as stated in the facts charged. However, the size of the amount of money in the market offered for the instant crime is not so significant.

Even if the defendant's income level, social status, and friendly relationship between the defendant and the remaining actors at the time of the crime of this case, in light of the fact that the defendant and the other actors had a criminal record of committing the same kind of crime, it is reasonable to deem that the act identical to the crime of this case exceeds the degree of temporary recreation. Thus, the defendant's above assertion is not accepted

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