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(영문) 대전지방법원 2013.04.25 2012노2775

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence of the lower court (six months of imprisonment, one year and six months of suspended execution) is too unreasonable.

The above sentence of the court below by the prosecutor is too unhued and unreasonable.

Judgment

The grounds for appeal by the defendant and prosecutor shall also be examined.

The defendant committed an excessive assault against the victims including women, the degree of injury suffered by the victims, and the fact that the victims did not agree with the victims until the trial. However, it is recognized that the defendant led to confession and reflects the crime of this case, the defendant involved in fighting with the intent to protect the defendant from the victim D and C at the time of the crime of this case, and there are extenuating circumstances such as the motive and circumstance of the crime, such as the fact that the defendant deposited 1.5 million won for the victims at the court below, and the fact that the defendant deposited 1.5 million won for the victims, and all other sentencing conditions such as the defendant's age, character and conduct, environment, criminal records, and circumstances after the crime, etc., the defendant and the prosecutor's assertion are not deemed unreasonable because the punishment of the court below is too heavy or unreasonable. Thus, all of the arguments of the defendant and the prosecutor are without merit.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.