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(영문) 대구지방법원 영덕지원 2015.07.15 2015고정39
도박
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 18, 2014, from around 21:40 to 21:50 on the same day, the Defendant, along with C, D, E, and F, took up KRW 500 won from the H Party located in Young-gun G and up to 21:50 on the same day, and divided each by seven copies using 52 card, and then, he saw the “hululule” in a way that the person who first throw away the card in the manner of dumping three forms of pattern or number of the same card.

Summary of Evidence

1. Each police suspect interrogation protocol for D, C, or E;

1. Application of Acts and subordinate statutes to request the custody of seized articles, protocol of seizure and list of seizure;

1. The main sentence of Article 246 (1) of the Criminal Act concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the assertion of the defendant and defense counsel under the main sentence of Article 186(1) of the Criminal Procedure Act to bear litigation costs

1. The gist of the assertion is that the instant gambling act is merely a temporary entertainment and does not constitute a crime.

2. The degree of temporary entertainment, which is the limit of illegality in the crime of gambling, should be determined by taking into account the following factors: (a) the amount of the property, the method of gambling, and the kind of gambling relationship among the persons who participated in gambling, on the gambling time and place gambling; (b) the amount of the property, and the frequency gambling.

The following circumstances acknowledged by the evidence of the judgment, i.e., (1) the defendant changed into the hullar for the purpose of preparing the hule value, but although the hul before the hullar was willing to buy through the hullar, the proposal was implied and the hullar game was made. (2) The hullar Game is 500 won based on once, and 500 won per 10 million won, and the maximum amount of the hullar game is 100,000 won. In light of the fact that D and the defendant who operated the hullar game is one worker and the E's monthly income is 1 million won, it is difficult to say that the amount is less, (3) the F was punished for gambling, and the defendant was also punished for gambling and gambling and gambling.

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