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(영문) 대전지방법원 서산지원 2017.07.06 2017고정138
도박
Text

[Defendant A]

1. The sentence against the accused shall be 500,000 won;

2. The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

The Defendants, together with D, E, F, G, and H, ranging from around 13:30 to 14:30 on March 13, 2017, and from around 13:30 to around 14:30, 200, 300 won per person who first 21,00 won per 30 won per 21,00 won and 15 times worked at the Defendant’s house located in Seosan City I and II.

Summary of Evidence

1. Defendants’ legal statement

1. Each statement (E, F, G, D, and H);

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

1. On-site photographs (the defense counsel and the Defendants asserted that the instant gambling was merely limited to the extent of temporary entertainment.

In light of the developments leading up to the detection of the instant gambling, the form of the instant gambling site at the time of the detection, the place where the instant gambling was conducted, the circumstances leading up to the instant gambling, the method of the Defendants’ high saw saws and the size of the money, and the relationship between the participants in the instant gambling, etc., it is difficult to view that the instant gambling conducted by the Defendant was merely the degree of temporary entertainment.

The defense counsel and the defendants' arguments are not accepted.

Application of Statutes

1. Article 246 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Article 48 (1) 1 and 2 of the Criminal Act to be confiscated;

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

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