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(영문) 대구지방법원 2019.03.21 2018고정1016
도박
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, along with B, C, D, E, F, G, H, I, and J on March 6, 2018, from around 18:00 to around 19:10 on the same day, up to 6:0 on L’s residence located in the Daegu North-gu K and the second floor, with an O, X marked above, and divided into three pages at the place indicated above the O, X, and then divided into three sides at each place indicated in theO, X. In a way that the Defendant 30,000 to 50,000 won per piece of money and 40,000 won take more than the end number at each page of the O or X.

Summary of Evidence

1. Each legal statement of witness M and J;

1. Examination of suspect by the prosecution against I and J;

1. Written statement by prosecution;

1. Seizure records;

1. The application of Acts and subordinate statutes to investigation reports (explication of field images);

1. Relevant Article 246 (1) of the Criminal Act and the choice of fines for criminal facts;

1. In full view of the statements by witnesses, etc. for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act and the Defendant’s act shown in the video images, the crime of gambling is not likely to be committed even though it is evident that the Defendant stuffed, and it is not contradictory to the denial of the crime, and even if there was a past record of being sentenced to suspension of indictment for gambling, even if he was stuffed.

However, the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, and circumstances after committing the crime, shall be determined by taking into consideration the following factors: (a) the Defendant has no record of criminal punishment; (b) the size of the gambling board of this case; and (c) the background leading up to the gambling board of this case.

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