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No.8 of 14 Model Cases on the Trial of Minors Circulated by the Supreme People's Court: People v. Zhang (a case of opening a gambling house)
最高人民法院通报14起未成年人审判典型案例之八:张某某开设赌场案
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No.8 of 14 Model Cases on the Trial of Minors Circulated by the Supreme People's Court: People v. Zhang (a case of opening a gambling house)
(a case of opening a gambling house)
最高人民法院通报14起未成年人审判典型案例之八:张某某开设赌场案
No.8 of 14 Model Cases on the Trial of Minors Circulated by the Supreme People's Court: People v. Zhang (a case of opening a gambling house) 

最高人民法院通报14起未成年人审判典型案例之八:张某某开设赌场案

(1) Basic Facts (一)基本案情
From February 25, 2013 to March 11, 2013, defendant surnamed Zhang was hired by another person to take charge of the management of gambling machines in a rented storefront, collecting money, and keeping accounts. Around 23:00 on March 11, 2013, when public security officers checked this storefront, they apprehended defendant surnamed Zhang on the spot and seized the gambling machines, stakes, and account books. 2013年2月25日至2013年3月11日,被告人张某某被人雇请,负责在租用店面管理赌博机,并负责收银、记账等。2013年3月11日23时许,公安民警在对该店面进行清查时,当场抓获被告人张某某,并查获赌博机、赌资、账本等。
(2) Judgment (二)裁判结果
After a hearing, the People's Court of Haicang District, Xiamen City, Fujian Province held that: Defendant surnamed Zhang was hired to engage in the field management at a fixed place where nonspecific groups participated in gambling and his act has constituted a crime of opening a gambling house. When committing the crime, defendant surnamed Zhang was an underage who has reached the age of 16 but was under 18 and he should be subject to a lighter punishment according to the law. In accordance with the provisions of the Criminal Law, the Court determined that defendant surnamed Zhang committed a crime of opening a gambling house, Zhang should be sentenced to a fixed-term detention of four months with an eight-month suspension of execution, and a fine should be imposed on him. 福建省厦门市海沧区人民法院经审理认为,被告人张某某在供不特定人员参赌的固定场所内受雇从事现场管理,其行为已构成开设赌场罪。被告人张某某犯罪时系已满16周岁未满18周岁的未成年人,依法应当从轻处罚。依照刑法规定,认定被告人张某某犯开设赌场罪,判处拘役四个月,缓刑八个月,并处罚金。
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