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(영문) 전주지방법원 남원지원 2016.09.20 2016고단100
상습도박
Text

Defendant

A shall be punished by a fine for negligence of KRW 15,00,00, and by KRW 1,500,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to a fine of three million won for habitual gambling in the support of the Southern District Court of the Jeonju on July 8, 1997; on October 5, 2001, a fine of two million won for the same crime at the Daejeon District Court of Daejeon on October 5, 2001; on December 11, 2002, in the support of the Southern District Court of the Jeonju on the same crime, two years of suspended sentence for six months; on October 16, 2009, in the same court on October 16, 2009, three million won of a fine for gambling crime; on July 5, 201, two years of suspended sentence for six months; and on January 29, 2013, in the same court, one year and two months of imprisonment for gambling as a habitual gambling crime; and on January 8, 2014, the execution of the sentence was terminated in the prison prior to the execution of the sentence.

[2] On December 25, 2015, Defendant A habitually composed of 17:15 from around 17:15 to 17:40 the same day to 17:5,00, and Defendant A carried out the following gambling: (a) a person who first destroys the cards used in his hand in line with the number and pattern on the card; (b) 2, etc., 5,000 won; and (c) 3, etc., 12 times in total, 458,000 won and 4.58,000 won and 17:40,000 won, respectively.

Summary of Evidence

1. Defendants’ respective legal statements

1. On-site photographs;

1. Seizure records;

1. Each report on internal investigation (the sequence 5, 6 of the evidence list);

1. Previous convictions: Investigative inquiries about criminal history, each investigation report (related to suspect A repeated crime, suspect A habitually related to suspect A, suspect A and reporting attached to the same criminal record and judgment, etc.);

1. Habituality of judgment: Application of Acts and subordinate statutes recognizing dampness in light of the records of each crime, frequency of crimes, circumstances of crimes, etc.;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 246(2) and Article 246(1) of the Criminal Act (elective choice)

B. Defendant B and C: Article 246(1) of each Criminal Code (elective selection)

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

1. Defendant B and C: Article 48(1)1 of the Criminal Act;

1. Defendants of the provisional payment order: The reasons for sentencing of Article 334(1) of the Criminal Procedure Act (Defendant A) are the same.

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