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(영문) 광주지방법원 해남지원 2013.10.23 2013고정75
도박
Text

Defendant

A and Defendant B shall be punished by a fine of 500,000 won, and Defendant C shall be punished by a fine of 700,000 won.

The defendants are the defendants.

Reasons

Punishment of the crime

1. Defendant A, Defendant B, and Defendant C co-principaled with E and F, from April 13, 2013 to April 18:30 of the same day, the Defendants used 51 ambling 51 ambling in the “H” restaurant operated by Defendant B located in the Nam-nam Navy G from around 17:00 on April 13, 2013 to around 18:30 on April 13, 2013, and used ambling 1,029,850 won by adding 50 won to the ambling person.

2. Each food service business operator of defendant B shall prevent the gambling, other speculative acts, or rumoring acts within his/her business establishment;

Nevertheless, the Defendant provided a gambling place to the said A, etc. while operating the said restaurant at the date, time, place, and place specified in paragraph (1), and did not comply with the matters to be observed by the business operator on the ground that he/she provided a gambling place to the said A, etc. together with the said A, etc.

Summary of Evidence

1. Defendants’ partial statement

1. Police suspect interrogation protocol of E or F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to investigation reports (as to attaching photographs of gambling sites);

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and C: Article 246(1) of the Criminal Act (Selection of Fine)

B. Defendant B: Article 246(1) of the Criminal Act (the point of gambling, the choice of fines), Article 97 Subparag. 6, and Article 44(1) of the Food Sanitation Act (the point of violating the Food Sanitation Act, and the choice of fines)

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants: Article 48(1)1 of the Criminal Act

1. Defendants of the provisional payment order: Determination on the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendants asserted to the effect that the Defendants were not guilty of having saw saws as stated in the facts charged, but it is merely a temporary entertainment.

2. Pots, knife, knife.

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