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(영문) 대전지방법원 2013.11.07 2013노520
상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (2 million won of a fine) is too unreasonable.

Judgment

The Defendant is deemed to have led to the confession and reflect of each of the crimes in this case, the degree of injury suffered by the victim D is relatively minor, and the agreement with the victim D is deemed to have been reached. Meanwhile, the Defendant’s assertion is not reasonable, considering the following: (a) the nature of the crime is not less minor in light of the circumstances of the crime in this case and the method of the crime in this case; (b) the Defendant did not agree with K of the victimized Police Officers up to the trial; and (c) the Defendant committed the instant bodily injury only for about two months and was released from imprisonment due to the same kind of crime; (d) there was a history of punishment for the same kind of crime related to the same violence in the past; and (e) other sentencing conditions such as the Defendant’s age, character and behavior, environment, criminal records, circumstances after the crime, and risk of recidivism.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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