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(영문) 대구지방법원 2016.10.26 2016고정1969
도박
Text

Defendant

A A A shall be punished by a fine of KRW 5 million, by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 5 million.

Reasons

Punishment of the crime

1. On February 19, 2016, from around 23:00 to around 03:00 on February 20, 2016, Defendant A, using 51 copies of a plastic house near the Daegu Suwon-gu Dondong Don-gu “E” restaurant, carried 6 heading down on the floor up to 3 pages each of the O and X, and carried 10 unit numbers of the 10th following the sum of the face value of each plaque plus the face value of each plaque, and carried 50,00 won and 30,000 won in money each time by a person to hand over money with a high remaining number.

2. Defendant B, along with the name of the number of winners, carried out the gambling, Defendant B, from around 23:00 to around 03:00 on the end of February, 2016, in the same manner as indicated in paragraph (1), in a vinyl near the restaurant as indicated in paragraph (1) in the same manner as indicated in paragraph (1).

3. Defendant C

A. From February 2016 to March 2016, the Defendant 23:00 to March 2016, 2016, as indicated in paragraph (1), carried out gambling in the same manner as “E” restaurant as indicated in paragraph (1).

B. From February 2016 to March 2016, the Defendant 23:00 to March 2016, 2016, with the name of a person who was unable to cast his/her name, carried out gambling using the same method as indicated in paragraph (1) at a vinyl house near an “E” restaurant as indicated in paragraph (1) from around 23:00 the following day to 03:00.

Summary of Evidence

1. Defendants’ respective legal statements

1. A copy of each protocol concerning the examination of suspect of F or G;

1. Application of Acts and subordinate statutes to investigation reports (limited to attachment of suspect's statement of currency);

1. Relevant provisions of the Criminal Act and the text of Article 246 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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