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(영문) 인천지방법원 2016.09.01 2016고정1322
도박방조
Text

Defendant

A shall be punished by a fine of KRW 1,000,00, and by a fine of KRW 500,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. On December 7, 2015, Defendant B, Defendants C, and F sent 3 points to the first floor of the Hindo located in the Incheon Reinforcement-gun G, Incheon, with 53 articles of chemicalism. On December 7, 2015, Defendant B, the Defendants, and the first 3 points in the first floor of the Hindo located in the Mindo located in the Incheon Reinforcement-gun, and the first string person was boomed by adding 3 points to KRW 200, KRW 5 points, KRW 300, and KRW 400 to the

2. Defendant A, while being aware that three persons, such as the above B, etc., engage in gambling at the time, place, and place prescribed in paragraph (1), provided them with a view to assisting them in gambling, and aided and abetting them by providing the place, scambling, etc.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Each police suspect interrogation protocol of F, B, C, and I;

1. Each protocol of seizure and the list of seizure;

1. On-site photographs (Defendant B, C);

1. Each legal statement of Defendant B and C

1. Each legal statement of witness F, A, and I;

1. Each protocol of seizure and the list of seizure;

1. Application of statutes on site photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Articles 246(1) and 32(1) of the Criminal Act; selection of fines

B. Defendant B and C: Article 246(1) of the Criminal Act; selection of fines

1. Defendant A who is legally mitigated: Articles 32 (2) and 55 (1) 6 of the Criminal Act;

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

1. Defendants of the provisional payment order: the above Defendants and defense counsel’ assertion on Defendant B, C, and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act are difficult to view that there was a commencement of gambling crime because they did not see the card at the time of the police’s control, and even if they gambling, it is merely the degree of temporary entertainment and thus the illegality should be avoided.

The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, the field situation at the time of enforcement, the details and progress of gambling by gambling participants, and the place of gambling.

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