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(영문) 광주지방법원 순천지원 2017.07.06 2017고단648
범인도피교사등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. From January 23, 2017 to January 24, 2017, the Defendant violated the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., set up three mobile games at the C party club operated by the Defendant on B B B, to provide the unspecified number of customers who find the billiard, and exchanged the scores obtained from the said games at KRW 1,00 per 50.

Accordingly, the defendant was engaged in speculative activities using the above game apparatus for the use of a speculative electronic gaming machine.

2. On January 24, 2017, when the Defendant was found to have installed three boxes of plastic game in the above location and run the business at the above location, the Defendant: (a) stated that he/she was in a village steering group D as if he/she actually engaged in the business; and (b) told D to make a false confession in order to conceal the fact that he/she was the actual owner of the above hall.

Therefore, on February 7, 2017, the defendant had DD make a false statement to DD F as the actual owner of the above party office in the office of the Net Police Station E office.

Accordingly, the defendant instigated D to escape a person who commits a crime subject to a fine or heavier punishment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (the need to verify the actual owner of the business);

1. Relevant legal provisions of the Criminal Act, Articles 151(1) and 31(1) of the Criminal Act for the selection of criminal facts, Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc., and the selection of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 48(1)1 and 2 of the Criminal Act is that the defendant has three times the record of fine due to a similar crime in the same place, in particular, the defendant has three times the record of fine due to the same crime, and the defendant has obtained an investigation on the ground of a sacity in the private villages.

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