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(영문) 부산지방법원 2013.12.20 2013노2741

상해등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy or too unfasible to the defendant (the defendant) who has been sentenced by the court below.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the fact that the defendant suffered symptoms such as alcohol addiction, etc., and the disease of the defendant seems to have affected the degree of each crime of this case, and there are family members to support the crime of this case.

However, under the influence of alcohol, the crime of this case was committed by the Defendant in the form of assault and assault against the victim in return for money, and there is no agreement with the victim yet. Damage was not recovered, and the victim was punished for the same kind of crime under the influence of alcohol several times. In particular, on February 22, 2011, the Defendant committed the crime of this case during the period of repeated crime even though he was sentenced to imprisonment with prison labor for one year from the Busan District Court for the crime of injury and was released from prison, and was released from prison on February 2, 2011, taking into comprehensive account all other circumstances, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the crimes of this case, and circumstances after the crime, etc., the sentence of the lower court does not seem to be unfair because it is too excessive or unfasible.

Defendant

The prosecutor's assertion is without merit.

3. In conclusion, since the appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.