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(영문) 제주지방법원 2016.12.15 2016고정631 (1)
도박장소개설방조
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant and C, D, E, F, G, H, I, J, and K together with gambling participants such as L, etc. from January 19, 2016 to January 18:20 of the same day, from January 19, 2016 to January 15:20 of the same day, the Defendant and C, D, E, F, H, H, I, and K divided them into four: (a) the NM club 906 to 4; and (b) one of them divided into two: (c) one package; (d) one of them divided into two parts; and (d) one of them opened to the public; and (e) one of them made a 10 or 20 number numbered; and (e) the other 10 or 20 numbered by a high side of the number of the rest.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's interrogation protocol onO, P, J, Q, D, C, I,K, R, and S;

1. Each police interrogation protocol on B, T, U, C, D, E, F, G, Q, Q, H, I, J, K, X, L, andO;

1. Investigation report (Attachment of a copy of hosting specifications);

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of photographs of each suspect's personal seizure);

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

1. Articles 70 (1) 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: (a) the Defendant, upon I’s recommendation, engaged in gambling for about three hours at a 3-hour gambling place in the name of “Agdoggdog” opened by the O with other members; (b) the above gambling place appears to be a gambling place in which only theO and telephone calls, which is the inner cover (ware site), or the surrounding persons, can participate; and (c) the method of gambling, the size of the printing, the size of the money, and the fact that the Defendant possessed in the above gambling place at the time and the sum of money exceeds KRW 1,085,00,000; (c) the Defendant appears to be not guilty; and (d) the Defendant was punished by a fine of KRW 300,000 as a crime of gambling on April 10, 1998; and (e) the punishment examples in similar cases, other similar incidents, Defendant’s age, character and behavior, Defendant’s age, circumstances, and circumstances leading to the crime in this case.

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