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(영문) 광주지방법원 2014.01.29 2013노2130
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: the defendant's confession of the facts of the crime and the agreement with the victims is recognized, but the defendant was sentenced to two years of imprisonment on January 31, 2012 due to the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.), etc. at the Seogpo Prison Branch Branch of the Daegu District Court (hereinafter referred to as "Sapool District Court") on the charge of the violation of the Punishment of Violences, etc. Act (a collective action, deadly weapon, etc.), and the victim B and D are in bad quality of the crime; the degree of injury suffered by the victim B (a 400,000 won) and the victim B are deemed to have not been actually recovered from actual damage (the defendant agreed with the above victim B). The court below's decision is unreasonable in light of the following circumstances: the defendant's imprisonment with prison labor on the same kind of crime, suspended execution twice, the fact that there was three times punishment, and other various conditions in the records and arguments in this case.

3. 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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