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(영문) 대구지방법원 2013.07.25 2013노1326

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor and four months of imprisonment with prison labor for the crimes of Articles 2 through 5 and 7 of the original decision) declared by the court below is too unreasonable.

2. The judgment of the defendant is a favorable condition for the defendant, such as the confession and reflect of all the crimes of this case, and the fact that the defendant's matrimonial engagement, etc. wanting to find the defendant's wife against the defendant.

However, among the crimes of this case, the injury of this case was inflicted on the victim who walked for about 4 weeks of medical treatment, and thus, the case is not easy, in light of the method of crime, the period and frequency of crime, the amount of damage, the number of victims, etc., and the quality of the crime is very bad. Nevertheless, the damage is not paid, and the damage was not paid completely, the crime of this case was committed again without being aware of being released at the end of the execution of punishment on February 13, 2012, because it was not long after being sentenced to punishment for the same kind of crime, and it was committed again due to the fact that there was a large number of criminal records of violence and criminal records of fraud, etc.

In full view of the above-mentioned normal relationship, the Defendant’s age, character and conduct, environment, the circumstances surrounding each of the instant crimes, and various factors of sentencing as shown in the records and arguments, it is not determined that the sentence imposed by the lower court is 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 the defendant's appeal is without merit. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the term "application of the law" of the judgment of the court below is as follows: Article 347(1) of the Criminal Act (which means the fraud of Articles 3 through 5, and 7 at the time of the market), Article 347(1) of the Criminal Act (which means the fraud of Articles 3 through 5, and 347(1), and Article 30 of the Criminal Act; Article 6 of the judgment of the court below