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Reasons
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(영문) 부산지방법원 2014.05.08 2014고정399
도박
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Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From 14:00 to 15:00 on November 29, 2013 to 15:00, the Defendant: (a) held seven copies per capita using 52 cards from “C Party Mayor” on the “C Party Mayor” on the level of Busan Seo-gu B and five floors; and (b) held a number of serial numbers in the same number or the same pattern of the same pattern, a person who, in possession of the card, thrown away the card in his hand according to the prescribed method, such as thrown away the card; and (c) a person who was in possession of the card in the same number or the same pattern of the same shall be called as “hulule” by means of paying 3,00 won to the longer person.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police officer's interrogation protocol on D, E, F, and G;

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

1. Article 246 (1) of the Criminal Act applicable to the facts constituting the crime;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The defendant's assertion of Article 334 (1) of the Criminal Procedure Act concerning the provisional payment order asserts that the defendant's act of gambling in this case is limited to the degree of temporary entertainment, and thus does not constitute a crime.

According to the records, the Defendant’s monthly income was 3 million won in electrical construction, and he started gambling with about 180,00 won and lost about 14,00 won by gambling up to 20 times at the time of enforcement. The fact that CCTV was installed at the entrance and at any time during a billiard room where the instant gambling was opened can be acknowledged as having been installed at the entrance, and in light of the level of the Defendant’s acquisition, the size of the sales, and the form of the gambling place, etc., it cannot be deemed that the instant gambling act was limited to the degree of temporary recreation.

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