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(영문) 대구지방법원 2018.12.21 2018노3959
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unhued and unfair.

2. The judgment is recognized that the crime of this case was committed during the repeated crime period due to a violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.), the Defendant’s gambling period and the size of gambling is considerable, and the crime such as promoting illegal gambling sites such as this case’s gambling spirit for the general public as well as hindering sound labor awareness, and that there is a great risk of addiction due to the high degree of risk of addiction, and thus, it is necessary to punish strictly.

However, it is also recognized that the defendant's violation of the Punishment of Violences, etc. Act (joint injury) and the violation of the National Sports Promotion Act (gambling, etc.) are recognized and reflected, and that 5 million won is additionally paid to the victim E in the first instance, there is no criminal record of the same gambling, and that the family members of the defendant want the defendant's preference.

In addition, in full view of the circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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