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(영문) 서울남부지방법원 2013.12.05 2013노1711
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment of the judgment of the court below (as to the first and second crimes: 10 months of imprisonment, 3 years of suspended sentence: 6 months of imprisonment, and 2 years of suspended sentence) is too unreasonable, and the summary of the grounds for appeal by the prosecutor is too unreasonable, and it is unfair that the punishment of the judgment of the court below is too unreasonable.

From March 6, 2008 to October 1, 2010, the Defendant operated an illegal game room four times or more between the Defendant and the Defendant’s operation of the illegal game room, and when regulating the police, it is very serious attitude of law such as moving the place to another one and operating the illegal game room. This is considered to be due to the fact that the economic profit gained from the operation of the illegal game room is much more than the disadvantage caused by punishment. In fact, the Defendant appears to have been at least 70-8 million won daily average sales during the operation of the illegal game room. The Defendant was involved in the Defendant’s assaulting the latter Ma, such as the organized violence, and without any particular reason, was disadvantageous to the Defendant.

On the other hand, the Defendant was sentenced to a suspended sentence of two years from the Seoul Southern District Court to December 20, 2010 by the Defendant’s act of running an illegal game room from July 2009 to October 18, 2009. The Defendant’s assertion that the sentence of the lower judgment is too heavy or less severe is without merit, on the other hand, considering the equity in the case where the Defendant simultaneously ruled the crime due to the operation of the instant illegal game room and the crime that became final and conclusive at the same time, the fact that the Defendant agreed with M, AA, that M, AA’s assault and injury were not serious, and that the degree of damage was not serious, under the circumstances favorable to the Defendant, the Defendant’s punishment is deemed appropriate, and thus, the Defendant and the prosecutor’s assertion that the Defendant’s punishment is too heavy or less is unreasonable.

Therefore, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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