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(영문) 대구지방법원 안동지원 2014.04.04 2014고단83
상습도박
Text

A defendant shall be punished by imprisonment for four months.

Seized evidence 2, 3, 5 through 13, and 46 shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On March 20, 2001, the Defendant was sentenced to the suspended sentence of ten months for habitual gambling at the Youngcheon District Court’s Youngcheon District Court’s Young-gu Branch’s Young-gu Branch’s Seoul District Court’s Young-gu Branch’s imprisonment with prison labor for the crime of habitual gambling on October 24, 2003, three years for the suspended sentence of eight months for the crime of habitual gambling, and one million won for the crime of gambling at the Daegu District Court’s inner branch on April 5, 2012. On May 30, 201, the Defendant was sentenced to the suspended sentence of two years for the crime of habitual gambling on June 7, 2013, and the judgment became final and conclusive on June 7, 2013.

【Criminal Facts】

The Defendant, together with C, D, E, F, G, H, J, K, L, M, M, N, P, and P, from around 19:00 on January 15, 2014 to around 22:00 on the same day, the Defendant: (a) was making a string of Qa 105 in Qa 100 won for a person who first pays 3 points in the first place by using Ta 51 sheet; (b) carried a string of a string of a string of a string of a string of a string of a string of a string of a string of a 10,000 won, without a upper limit of at least 10,000 won; and (c) referred to as “hinginginginging of a hack 86,87,800 won for three hours on the top of a string of a string of a string of a high number.”

Accordingly, the defendant habitually stuffed the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Attachment of control site photographs);

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of final and conclusive judgments of suspension of execution), and investigation reports (related to gambling of suspects and habitually);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime and the frequency of crimes in the judgment;

1. Relevant Article 246 (2) and (1) of the Criminal Act concerning the facts constituting an offense and Article 246 (2) of the Election of Imprisonment;

1. The reason for sentencing under Article 48(1) of the Confiscation Criminal Act, even though the Defendant had a record of the same kind of crime several times, has committed this case during the period of suspension of execution, and it is difficult for the Defendant to be exempted from punishment.

In addition to these disadvantageous circumstances, the defendant seems to have a attitude to recognize and reflect his own crime.

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