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(영문) 대구지방법원 2017.07.19 2017고정1197
도박
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, together with B, C, D, and E on April 21, 2017, from around 23:00 to around 01:35 the following day, divided into 52 first seven by using 52 cards from the “G Party Funeral” operated by the Defendant in Daegu-gu F and the third floor, and called “g Party Funeral” in the prescribed order of order. The Defendant: (a) up to three or more cards of the same number; (b) one consecutive number of cards of the same number; (c) three or more continuous number of cards; and (d) one, from the date the person who first set the entire number of the cards used in his hand, was the winner; (b) one, 2,3, and 4, etc., from the date the sum of the remaining number of card numbers was smaller; and (c) 286,000 won by giving 3,00 won to the winners; and (d) “hulule” was called “hule.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police suspect against D, C, B, H, and E;

1. Voluntary submission of police seizure records, list of seizure, and respective documents;

1. Application of Acts and subordinate statutes to photographs of seized articles;

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

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

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant asserts that the instant gambling is excessive to the degree of temporary entertainment.

2. 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 detection, the place where the instant gambling was conducted, the developments leading up to the instant gambling, the method of Hanhullar and the size of the printing money, and the relationship between the participants in the instant gambling, etc., it is difficult to view that the instant gambling by the Defendant was merely the degree of temporary entertainment.

Therefore, the defendant's above assertion is without merit.

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