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(영문) 광주지방법원 2013.08.27 2013고단3235
사행행위등규제및처벌특례법위반등
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

1. On March 2, 2013, the Defendant violated the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.: (a) around March 2, 2013, the Defendant: (b) operated the speculative act by employing three studio posters, a speculative machine, which was not classified in the E-gu area operated by the Defendant located in the fourth floor of Gwangju North-gu; (c) operated the speculative act by allowing customers to play the game and exchanging the remaining points after the game in cash

2. On March 22, 2013, the Defendant: (a) committed a speculative act such as the instant 1.3.2; (b) when the police was controlled by the Defendant, the Defendant called the Defendant F, and called the Defendant F, to the effect that “In the country, he was engaged in the business using the postmaster flag at the seat of the Gu; (c) became two times or more; and (d) at the present, the name of the head of the Gu was widthed; and (e) at the same time, the Defendant requested the police investigation instead of the head of the Gu.”

On May 31, 2013, F made a false confession to police officers in charge of the case in the Gwangju Northern Police Station as the owner of the party room and engaged in speculative business.

As a result, the defendant instigated F to escape the defendant who committed a crime corresponding to a fine or heavier punishment.

Summary of Evidence

1. Defendant's legal statement;

1. Each entry in the G, H, and I;

1. Each entry in the control report on public morals and the place of business, the records of seizure (any submission thereof), the list of seizures, the investigation reports (report on the analysis of the details of currency), and the investigation reports (report on suspect F's hearing reports);

1. Application of statutes on images of on-site photographs;

1. Articles 30 (1) 1 (a) and 30 (1) of the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. concerning criminal facts, Articles 151 (1) and 31 (1) of the Criminal Act (a point of a person who is an extraditable teacher) and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service businesses under Article 62-2 of the Criminal Act;

1. Article 48(1)2 of the Criminal Act and Article 48(1)3 of the same Act shall apply to confiscation.

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