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(영문) 대전지방법원 공주지원 2018.07.06 2018고단145
사행행위등규제및처벌특례법위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who operates the "D party hall" in the official city C.

No one shall engage in speculative activities as a business by using slot machines or speculative gaming machines, other than speculative business.

Nevertheless, from January 18, 2018 to February 3, 2018, the Defendant installed 6 boxes of “marcers” games in the above billiard room. When customers put 1,000 won in cash into the apparatus, 1,000 points are accumulated, 1,000 points are divided into burners, and 1,000 won is divided into one line, and 25,000 won is used by exchanging 1,00 won or settling it with the charge of the party platform.

Accordingly, the defendant was engaged in speculative activities using speculative gaming machines as a business.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of the case and an internal investigation;

1. Application of statutes on records of seizure and lists of seizure;

1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Punishment, etc. including Relevant Acts and selective speculative acts, etc. concerning criminal facts, and selection of imprisonment;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Article 48(1) of the Criminal Act;

1. Where the person is not the main business of the mitigation area ( April to October) (special mitigation person) of Class 2 (business of speculative gaming machines), the mitigation area of which is set up at the gambling place, etc. (limited to the scope of recommended punishment) of the sentencing criteria;

2. He/she shall choose to imprisonment with prison labor, taking into account the fact that the criminal records of the same kind are two times within a short period of decision;

However, the execution of a sentence is suspended considering the favorable circumstances that the defendant's mistake is recognized and reflects, and that there is no criminal history except for the same kind of criminal record.

In addition, the defendant's age, sex, environment, occupation, family relationship, motive and consequence of the crime, circumstances after the crime, etc. shall be comprehensively considered, and the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the trial process.

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