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(영문) 대구지방법원 2013.12.05 2013노3160

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. The circumstances are that the Defendant recognized a mistake and reflects the determination, the Defendant appears to have experienced various difficulties in the process of adaptation to the new environment as a new North Korean defectors, and the Defendant appears to have committed most contingent crimes in a somewhat under the influence of alcohol, etc. are considered favorable to the Defendant.

However, it is very poor that the nature of the crime was committed by destroying another person's property, using violence against those who resist it, and assaulting police officers who received a report, etc., and there are many criminal records including the Defendant who was sentenced four times from around 2006 to sentenced four times of imprisonment, and there are many criminal records. In particular, it is a majority of the criminal records of violence committed by larceny, etc. on July 20, 201 and in particular, on March 23, 2012, after being sentenced to ten months of imprisonment with prison labor on July 20, and on March 23, 2012, multiple criminal acts committed during the period of repeated crime without being aware of the completion of the execution of the sentence, and until now, the fact that the Defendant did not receive a letter from the victims is disadvantageous to the Defendant.

In full view of all the circumstances revealed in the records and pleadings, such as the above-mentioned normal relationship, the age, character and conduct, the environment, the circumstances surrounding each of the instant crimes, and the circumstances after the crime, it is not determined that the sentence imposed by the court below is too unreasonable.

Defendant’s assertion is without merit.

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