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(영문) 대전지방법원 2015.02.12 2014노3564

상해등

Text

Defendant

The appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the original decision (4 months of imprisonment) is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake in depth; (b) the fact that the Defendant appears to have committed the instant crime in contingency under the influence of alcohol; and (c) the fact that there is a woman to support the instant crime.

However, the crime of this case is an unfavorable circumstance to the defendant, such as that the defendant assaultsd or inflicted an injury on the victims who were seated in the cafeterias, without any particular reason, and that the crime of this case is not good, that there was no agreement with the victims, and that there was a history of punishment for the same crime.

In this context, from April to November 1, 200, the scope of the recommended sentence with respect to the crime of this case according to the sentencing guidelines established by the Sentencing Commission established by the Sentencing Commission: In full view of the crime group of violence, the first category (general injury), the special form of injury, the decision (basic area), the scope of the recommended sentence ( April to June), the scope of the recommended sentence (general violence), the second category of violence crime group, the first category (general violence), the special form of violence crime, the decision range of the recommended sentence (basic area), the scope of the recommended sentence ( February to October), the majority of crimes: April to November; there is no change of circumstances to change the sentencing after the sentence of the judgment below; and all the sentencing conditions such as the defendant's age, character and behavior, environment, the circumstances before and after the crime of this case, etc., the sentence of the court below is too inappropriate.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.