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(영문) 창원지방법원 통영지원 2019.10.17 2019고단807
사행행위등규제및처벌특례법위반
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 6 shall be confiscated.

Reasons

Punishment of the crime

[criminal power] On August 22, 2018, the Defendant was sentenced to imprisonment for a violation of the Road Traffic Act (unlicensed Driving) at the Changwon District Court’s branch on August 22, 2018. On April 20, 2019, the Defendant terminated the execution of the sentence at the detention center.

【Criminal Facts】

The defendant is a person who operates an unauthorized game site on the B and 3th floor of a show.

No one shall engage in speculative activities as a business by using slot machines or speculative gaming machines, other than speculative business.

Nevertheless, from May 31, 2019 to June 7, 2019, the Defendant installed seven outdoor game machine, a speculative electronic machine, which was not classified by the Game Management Committee in the said game area, two game machine, one water-resistant game machine, and one physical fitness game machine, and had many unspecified visitors visiting the said game site input cash in the said game machine, and then allowed them to perform the game in such a way as to make the points according to or lose according to the afforestation or the number arrangement operated by dividing the beginning pressing, and then deducted 10% from the points remaining at the end of the game, and carried out a speculative business by exchanging 10,000 won per cash.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Results of analysis of digital evidence, results of analysis of opgal lusium evidence, results of analysis of opon6 evidence;

1. Police seizure records;

1. Each investigation report (limited to attachment of electric power consumption at an unauthorized game room, on-site photographs, etc.);

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (fact that they are in the period of repeated crimes of a suspect)-related Acts and subordinate statutes;

1. Article 30 (1) 1 of the Act on Special Cases concerning the Regulation and Punishment of Specific Criminal Crimes, Regulation of Speculative Acts, etc. and Selection of Imprisonment with labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under Article 48 (1) of the Criminal Act;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (a decision on types of punishment);

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