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No.8 of 14 Model Cases on the Trial of Minors Circulated by the Supreme People's Court, and No.30 of 98 Model Cases on the Trial of Minors Published 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、最高人民法院发布98例未成年人审判工作典型案例之三十：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, and No.30 of 98 Model Cases on the Trial of Minors Published 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、最高人民法院发布98例未成年人审判工作典型案例之三十：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
．．．．．． | | 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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