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(영문) 대구지방법원 2018.05.17 2017노5148
상해등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (defendant A: imprisonment with prison labor for six months, suspension of execution for two years, observation of protection, community service work for 120 hours, Defendant B: fine of 20 million won, and penalty collection) of the lower court is too unreasonable.

2. In the case of Defendant A, the lower court sentenced the above punishment by taking account of the following favorable circumstances: (a) the Defendant’s act of this case was committed on the part of Defendant A, the owner of the game room, in the course of the illegal game game room, by demanding the victim to purchase boom or coffee, etc.; (b) destroyed the media products in the game room on the ground that the victim did not have access to it; and (c) inflicted an injury on the victim; and (d) caused the victim, in light of the motive and form of the crime, etc., the crime was inferior; (b) there were many criminal records in the same kind of violence; and (c) the victim was punished by the victim because he did not agree with the victim; and (d) it appears that the Defendant is recognized as a substitute for his mistake

In addition, in the case of Defendant B, the business of the illegal game room is a crime that encourages the general public's spirit of gambling and reduces his will to work, and the defendant committed the crime of this case as an owner of the game room business, which has a very significant criminal liability. The defendant committed the crime of this case as the owner of the game room business. The defendant's business operation period is less than one month, and the profit accrued therefrom seems to be less than one month, and the defendant's profit accrued therefrom seems to be less than a considerable amount. The defendant's act of this case is recognized and against his mistake, the defendant's crime of this case was committed without any reflection even though he was committed during the suspended execution period as recorded in the record of the crime in the judgment of the court, and the defendant's crime of this case was naturally revealed while filing a complaint against Defendant A first, the defendant did not have a criminal record like the defendant, and the defendant is a person with a disability of

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