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(영문) 대구지방법원 2012.11.06 2012노2252

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (the fine of KRW 3,00,000) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: the defendant is against the victim E; the court below made an agreement with the victim E; the victim deposited KRW 2.5 million for the victim D; the victims abused the defendant; and the victims inflicted an injury on the victims in the course of setting up against the victim.

However, since 2003, the Defendant had been punished seven times (five times of fine and two times of imprisonment) for the same crime, and the victim D's degree of damage (six weeks of full penalty) is relatively heavy, and did not agree with the victim D until the trial is held.

Considering such circumstances and all the circumstances as the age, character and conduct, living environment, etc. of the Defendant, the lower court’s sentence against the Defendant is appropriate and too unreasonable.

3. Therefore, 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 groundless. It is so decided as per Disposition