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A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence1 through 4 shall be confiscated from the accused.
Reasons
Punishment of the crime
The Defendant, at the Changwon District Court on January 25, 2013, sentenced six months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) in the same year.
7. 26. The detention house terminated the enforcement of the sentence.
The defendant, from December 2, 2014 to January 2015, in the C building of a show from January 2, 2015, the same year.
2. From the first police officer to the same month.
3. 17.경까지 같은 시 D 지하 1층에서, 게임물관리위원회로부터 등급분류가 거부된 사행성유기기구인 야마토 게임기 20대를 설치해 놓고 불특정 손님들에게 제공하여 이를 이용한 손님들로 하여금 10,000원권 지폐를 게임기 안에 넣고 시작버튼을 눌러 베팅을 하게하고, 화면상의 그림이나 숫자가 돌아가다가 멈췄을 때 그림이나 숫자의 가로, 세로, 대각선의 배열이 일정한 규칙에 따라 일치되면 점수를 획득케 하여, 1점 당 5,000원으로 환산해 환전 수수료 10%(500원)을 제하고 4,500원을 손님들에게 주는 방식으로 환전영업을 해, 우연의 결과에 따라 손님들에게 재산상의 이익 또는 손실을 주는 사행행위를 업으로 하였다.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Application of Acts and subordinate statutes on seizure records;
1. Article 30 (1) 1 of the Act on Special Cases concerning Regulation and Punishment of Crimes, such as Fraudulent Acts, etc. under Relevant Acts concerning criminal facts;
1. Article 35 of the Criminal Act among repeated crimes;
1. In light of the fact that the defendant for the reason of sentencing under Article 48(1)1 of the Confiscation Criminal Act committed the crime of this case even during the period of repeated crime, and the fact that there had already been three times punishment for the same kind of crime (one time of fine, one-time suspension of execution, and one-time punishment), no sentence may be imposed on the defendant. However, the defendant is divided and reflects his mistake, and the amount of profit acquired by the crime of this case is not significant since the period of operation of the game room does not extend, and the age, character, environment, conditions after the crime, etc. of the defendant is committed.