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(영문) 광주지방법원 2016.04.14 2016고정168
사행행위등규제및처벌특례법위반등
Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000), and where the above fine is not paid, it shall be 100.

Reasons

Punishment of the crime

1. No person who violates the Health Act in a school environment sanitation and cleanup zone, which is up to 200 meters in a straight line from the entrance of a school, shall install a billiard room in the school environment sanitation and cleanup zone without deliberation by the School Environment Cleanup Committee;

Nevertheless, the Defendant, without undergoing deliberation by the Environmental Cleanup Committee, operated the “E Headquarters” on the third floor of Gwangju-gu, Seo-gu, the relative Cleanup Zone for B elementary schools and C secondary schools from March 2015 to November 13, 2015.

2. No person who violates the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, Etc. shall engage in speculative acts as a business by using slot machines or speculative gaming machines, other than speculative business;

Nevertheless, from November 8, 2015 to March 13, 2015, the Defendant installed two types of a one-person plastic gaming machine, which is a speculative gaming machine, from the “E Party Funeral” as stated in paragraph (1), and provided it to many unspecified customers who find the above party funeral, thereby engaging in speculative activities using the speculative gaming machine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

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

1. Application of Acts and subordinate statutes to a report on detection, photographs at the time of crackdown, and drawings of the relative Cleanup Zone;

1. Article 30(1)1 of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Article 19(2) and Article 6(1) of the School Health Act;

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

1. The reason for sentencing of Article 48(1) of the Criminal Act for forfeiture is recognized by all of the offenses of this case, and the defendant is repented in depth.

The Defendant acquired the instant business site in the form of a Guide, and the game machine was installed in a quantity of 4 to 5 days for testing, taking into account the circumstances, and the case is not hot.

In addition, the criminal records of the defendant, the circumstances before and after the crime.

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