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(영문) 대전지방법원 2014.01.09 2013노2083
상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The two-month imprisonment sentenced by the Prosecutor is too unhued and unfair.

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

2. The crime of this case is committed while the defendant was sentenced to imprisonment of two years and six months for the same crime, and the nature of the crime is not good, and the victim is punished. On the other hand, the crime of this case is deemed to have occurred in the process of pointing this out by the defendant who suffered damage to another person by using the toilet used jointly by the victim for an excessive long time, and there are some circumstances to consider as contingent in the process of pointing this out, the victim's injury is relatively minor, the defendant is subject to a disciplinary action of 25 days separate from the defendant, the defendant is against the defendant and not re-offending, and the defendant's age, character, character, environment and other sentencing conditions are all taken into account, and it cannot be deemed that the punishment of the court below is deemed to be appropriate, and it is too weak or unreasonable.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, since "1. The latter part of Article 37 and Article 39 (1) of the Criminal Procedure Act," in the application of the law of the court below, is obvious that it is a clerical error, it is corrected to delete it ex officio in accordance with Article 25 (1) of the Regulation

.

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