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Reasons
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(영문) 서울남부지방법원 2021.02.18 2020고정2144
도박방조
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Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 27, 2020, the Defendant: (a) from around 22:00 to around 22:30 of that day, the Defendant: (b) provided a chip to assist the Defendant in gambling in its original form by providing the card by providing the following numbers, in accordance with the rules, such as throwing the card with the same number or a serial number of serial cards into the floor; (c) the number of which is the same and continuous number of the cards; and (d) the winner becomes the largest number of the cards; and (d) 4,00 to 4,00 won, and 3.50,000 won, in order of the winner, with the knowledge that he/she would be able to engage in gambling in several occasions by means of payment to the winners of the card; and (e) providing the card to assist him/her in gambling.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of the police officers in relation to G, H, D, F, and E;

1. Application of the police seizure protocol (voluntary submission) and the Acts and subordinate statutes applicable to each voluntary submission;

1. Relevant Article 246 (1) and Article 32 (1) of the Criminal Act concerning the facts constituting an offense and Articles 246 (1) and 32 (1) of the Criminal Act concerning the selection of punishment;

1. Article 32(2) of the Criminal Act mitigated by law and Article 55(1)6 (aided and abetting) of the same Act;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (within the last ten years, taking into account the following: (a) there is no previous offense except a fine of 1.5 million won due to a violation of the Automobile Management Act; (b) there is no previous offense for the same kind of crime; (c) there is no previous offense according to the demand of customers while operating a small billiard hall; (d) there is a small size of gambling, such as the amount of gambling money; and (e) there is a gap in depth of mistake;

1. It is so decided as per Disposition for the reasons under Article 48(1)1 of the Criminal Act of confiscation.

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