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(영문) 대구지방법원 2016.09.22 2016고단4029
상습도박등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. From around 21:00 on August 14, 2016 to 23:50, the Defendant: (a) prepared 51 ambling 51 ambling and ambling in the E restaurant located in Cheongdo-do-gun; (b) opened approximately 20 amblings, such as F, by telephone, etc. to those wishing to ambling; and (c) opened ambling 3 points using approximately 51 amblings; (d) opened 2,00 won; and (e) opened 30 amblings in the manner of bringing about 2,00 won and 3,00 won to ambling on the floor; or (e) opened ambling 5,00 won to ambling 30,000 won to ambling at 00 to 3000 amblings, and (e) opened ambling 90% to ambling.

2. A habitual gambling Defendant habitually boomed approximately 20 persons, including F, with approximately 20 persons, using approximately 51 copies of the date and time and place specified in paragraph 1, and habitually stuffed “high saw” and “Adog Gag” as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol on the examination of police officers against G, H, I, J, K, L, M, N,O, F, P, Q, Q, S, T, U, V, X, Y, and Z;

1. Statement made to A by the police;

1. Police seizure records;

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs and motion pictures C/D attachment);

1. Relevant legal provisions of the Criminal Act, Articles 247 and 30 of the Criminal Act, Article 246 (2) and 246 (1) of the Criminal Act (the point of habitual gambling) concerning the crime, the choice of punishment, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Article 48(1)1 of the Confiscation Criminal Act (amended by Act No. 48(1)1 of the Confiscation Criminal Act / [the scope of recommendation] establishment, etc. of gambling places (establishment of gambling places and space) in the basic area (from August to January 6) (special sentencing factors) is final according to the aggravation of multiple offenses without any special sentencing range.

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