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(영문) 전주지방법원 2020.11.12 2020고단712
도박
Text

Defendant

A Punishment of a fine of 1,00,000 won, and that of Defendant B of a fine of 300,000 won.

shall be subject to a fine.

Reasons

Punishment of the crime

1. At around 16:00 on February 25, 2020, the Defendants, along with C, engaged in gambling (the Defendants) 3 points by using Chapter 51, 51, in Eda located in YY-gu Seoul Special Metropolitan City Eda. Around February 16, 202, the Defendants 1 and 3 points above, and the Defendants 3 points 300 points and 100 won for each additional 1 point.

2. A food service business operator who violates the Food Sanitation Act (defendant B) shall observe the rules that business operators shall observe within his/her business establishment;

The Defendant is a food service business operator operating the Eda, and the Defendant did not comply with the matters to be observed by the business operator by gambling “Stop” with two persons, including A, at the time and place of paragraph (1).

Summary of Evidence

1. Defendants’ legal statement

1. Police suspect interrogation protocol regarding C;

1. Application of Acts and subordinate statutes on police seizure records;

1. Defendants of the legal provisions on criminal facts: Article 246(1) of the Criminal Act; Article 97 Subparag. 6 of the Food Sanitation Act and Article 44(1)8 of the same Act

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants: Article 48(1)1 of the Criminal Act

1. Defendants of the provisional payment order: recognition of errors in the determination of punishment under Article 334(1) of the Criminal Procedure Act.

Defendant

A has criminal records, such as gambling, and Defendant B has no criminal records.

Considering the circumstances in which the Defendants’ report on gambling had been made several times, the circumstances of the instant gambling are small in size.

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