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(영문) 서울서부지방법원 2016.02.18 2015고단3231
상습도박
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for eight months.

However, this judgment is delivered to Defendant A.

Reasons

Punishment of the crime

[criminal record] On June 8, 1998, Defendant A was issued a summary order of KRW 700,000 as an gambling crime in the Yeongdeungpo District Court's Young-gu District Court's Young-gu District Court's Young-gu Branch's Young-gu District Court's Young-gu District Court's Young-gu Branch's order on June 1, 2007. Defendant B was sentenced to a fine of KRW 5 million as an gambling crime. Defendant B was sentenced to a suspended sentence of imprisonment with prison labor for 6 months at the Seoul Western District Court's Seoul Western District Court's office on May 31, 2007. On December 30, 2009, Defendant A was sentenced to a suspended sentence of 6 months as an gambling opening.

[Criminal facts]

1. The Defendants habitually committed the crimes of Defendants A and B: (a) from around 22:00 on July 20, 2015 to around 11:2:20 on July 21, 2015, the two male persons whose names are unknown; and (b) from around 22:00 on July 20, 2015 to around 11:20 on July 21, 2015, the card was exchanged at the second floor office of the building located in Yongsan-gu Seoul Metropolitan Government by using the card in the order of 52, and 3,000 won; and (c) from among the remaining cards after the last printing, those who have a different pattern or a low number of card were engaged in money distribution for about 13 hours by taking on the card, thereby making it an “marbling” hereinafter.

2. Defendant B created a place where gambling is conducted at the time and place specified in paragraph (1), and then made two male persons with no knowledge of E, Defendant A, and name engage in gambling, and made them engage in gambling “bath” by deceiving them. Defendant B was referred to as “one thousand won per hour” as part of the participation in gambling for one participant in gambling.

As above, the Defendant opened gambling for the purpose of making profits.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Each police officer and each prosecutor's office's protocol of interrogation of the Defendants

1. Inquiry into the criminal history of each crime and report on investigation (the confirmation of each criminal record of gambling) (the defendant B did not habitually gambling);

On the other hand, Defendant A had been stuffed by the investigative agency at each time at the place of the instant crime and Defendant B.

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