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(영문) 광주지방법원 2015.08.13 2015고단1732
사행행위등규제및처벌특례법위반
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person running “C” in Gwangju Mine-gu B.

No one shall engage in speculative acts as a business by using slot machines or speculative gaming machines, in addition to the speculative businesses as prescribed by the Act.

Nevertheless, on March 6, 2015, the Defendant: (a) installed three game posters, a speculative gaming machine, at the above billiard room; and (b) provided it to many unspecified customers, who found the place; (c) increased or decreased points depending on the arrangement of the picture operated after inserting cash into the said game machine; and (d) exchanged 1,000 won for the remaining points to the customers at the time of the completion of the game in cash again, using the speculative gaming machine from that day to the 9th day of the same month.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of statutes on site photographs;

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Crimes under Relevant Provisions and Special Cases concerning the Speculative Acts, etc. concerning the Selection of Punishment;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the Defendant, for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act, committed the instant crime even though he/she was punished by a fine of KRW 3 million from the Gwangju District Court on May 9, 2014, a fine of KRW 3 million on October 31, 2014, and a fine of KRW 5 million on February 24, 2015, it is necessary to punish the Defendant with severe punishment.

Provided, That the punishment as ordered shall be determined by taking into consideration the fact that the defendant's mistake is divided in depth and does not repeat a crime, and the degree of illegality in speculative act is not serious.

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