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(영문) 대전지방법원 2014.04.10 2013노2482
상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of a fine of KRW 4 million imposed by the Prosecutor is too unfased and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The judgment health room, the defendant was sentenced to imprisonment with prison labor for one year on October 27, 2010 for a violation of the Road Traffic Act as well as the one-year punishment, and was sentenced to a fine twice for the same crime during the repeated crime period, and the defendant again committed the crime in this case despite having been sentenced to a second-time punishment for the same crime during the repeated crime period. However, the defendant was closely related to the victim and several years, and the defendant was found to have committed a contingent crime under the influence of alcohol even though he did not reach the degree of mental disorder at the time of this case, the defendant agreed with the victim to a certain degree, the degree of injury and the attitude of the crime is relatively minor, and the defendant's age, character and behavior, family relationship, home environment, motive, means of the crime, etc., and all other circumstances on the records of this case, are deemed to be unfair or unreasonable.

3. As such, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor and the defendant is without merit. It is so decided

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