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(영문) 부산지방법원 2017.02.16 2016고단6080
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 16, 2011, the Defendant was sentenced to one year to imprisonment with prison labor for a crime of violation of the Narcotics Control Act in the Busan District Court on September 4, 201, and completed the execution of the sentence in the Busan District Court on August 4, 2012.

Criminal facts

From the beginning of June 2015 to the beginning of July 2015, the Defendant: (a) provided money to gambling workers, such as H, I, J, K, L, L, M, etc. using the card 52, each of whom was distributed, and then received additional one card; (b) provided money until he/she received the card; and (c) provided the betting until he/she received the card under Chapter seven; and (d) provided a money in a manner in which a person who has the highest plaque in accordance with the prescribed rules owns all the money; and (d) received money in KRW 10,000 per 40 minutes from gamblings under the name of “other expenses”; and (e) received money under the name of approximately 3% per 1 piece of money per 40 minutes; and (e) received money from gamblings under the name of “3% per 1 piece of money.”

Accordingly, the defendant set up a place for gambling for profit-making purposes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's report on N, H, I, J, K, L, or M;

1. Previous convictions as indicated in the judgment: Inquiry about criminal history (timely 67), application of Acts and subordinate statutes to the personal confinement/ depreciation status (netly 50);

1. Article 247 of the Criminal Act applicable to the facts constituting an offense and Article 247 of the choice of punishment;

2. The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes is [the establishment of gambling places and spaces] and there is no basic area [the person subject to special sentencing] [the judgment of sentence] [the person subject to special sentencing]. The fact that the crime of this case was committed during the period of repeated crimes, the size of gambling place or the amount of money is reasonable, and the profits acquired by the defendant are also not much significant, and the defendant raises money in the event that money is cut off.

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