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Reasons
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(영문) 대전지방법원 2014.02.14 2013고정1299
도박
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Defendant

A, C, D, and E shall be punished by a fine of 2,00,000 won, and Defendant B shall be punished by a fine of 1,00,000 won, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

1. On January 23, 2013, from around 01:00 to around 09:00, Defendant A, C, D, and E used 52 trum cards from Defendant B’s office located in Daejeon Dong-dong G Building No. 206 to divide each of the following numbers by seven copies: (a) according to the rules, such as throwing the same card or pattern with the same number and continuous number into the floor; or (b) a person who has the largest number of the cards held at the time when the game ends; (c) a person who has failed was able to take part in the card in a manner that gives a certain amount of money to the winners; and (d) a person who was able to take part in a “hululule” so long as the number was expressed by 5,702,000 won.

2. Defendant B aided and abetted gambling by providing gambling places and drum cards so that Defendant A, C, E, and D can gambling at the same time and place.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H, I and J;

1. A protocol of examination of part of the prosecution against K;

1. Each protocol of suspect examination of police officers against K and L;

1. The protocol of seizure and the list of seizure (the Defendant’s cash, which is owned by the Defendant A, was seized at the police station and thus, constitutes illegal collection evidence not meeting the requirements for urgent seizure, but according to the witness H, I, and J’s respective legal statements, it is recognized that the said cash was lawfully seized at the scene)

1. Application of gambling, field photographs and photographs of seized articles to the Acts and subordinate statutes;

1. Article 246(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); Article 246(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); Article 246(1) of the former Criminal Act (amended by Act No. 11731, Apr. 5, 2013); Article 32(1) of the Criminal Act (selected of fines)

1. Defendant B: Articles 32 (2) and 55 (1) 6 of the Criminal Act;

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

1. Confiscation Defendant A, D, E, and B: Article 48 (1) of the Criminal Act;

1. Defendants of the provisional payment order:

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