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(영문) 전주지방법원 2017.10.20 2017고정446
도박
Text

Defendant

A and D shall be punished by each fine of KRW 1,500,00, and Defendant B and C shall be punished by each fine of KRW 500,000.

The defendants are the defendants.

Reasons

Punishment of the crime

On January 30, 2017, from around 19:30 to 20:50 the same day, the Defendants, within the H office located in the former North Jeju-gun G, received 1,00 won by using 52 copies of the card and received 1,000 won each, and subsequently exchanged the card three times according to the order of the betting, and then, the Defendants ambling a 30-time total of approximately 2,924,000 won in the remaining cards by a person with a low pattern of different or low number of card, among the remaining cards.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol concerning the examination of the police officers in relation to I, F, and E;

1. A protocol of seizure and a list of seizure;

1. Application of each statute on photographs;

1. The Defendants: Articles 246(1) and 30 of the Criminal Act; and

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

1. A, B, or C: Article 48 (1) 1 of the Criminal Act;

1. Defendant D: Article 48(1)1 and (2) of the Criminal Act;

1. Defendants of the provisional payment order: Defendant A has a record of having received criminal punishment for the same kind of crime, and Defendant D has a record of having received criminal punishment several times for a different kind of crime, due to unfavorable reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

The favorable circumstances include: (a) the Defendants recognized the instant crime; (b) the size of gambling is relatively small; (c) the Defendants did not engage in gambling behavior in light of the relationship and timing of the Defendants; and (d) Defendant C was the primary offender; and (c) Defendant B did not have any history of having received criminal punishment, as well as having been sentenced to a fine on one occasion for the instant crime.

In addition to the above circumstances and other circumstances, the Defendants’ age, sex, environment, motive, means and consequence of the commission of the crime, and the various sentencing conditions under Article 51 of the Criminal Act, including the circumstances after the commission of the crime, shall be determined as per the order.

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