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(영문) 대구지방법원 2019.10.18 2019노2451
상해
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (six months of imprisonment), the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's arguments.

The fact that the defendant made confession of all of the crimes of this case when the defendant was in the trial, and the fact that the court below made an agreement with the victim F is favorable to the defendant.

On the other hand, the defendant had a record of being subject to criminal punishment several times due to the same act of crime, and in particular, even during the period of repeated crime, the defendant committed each of the crimes of this case without being aware of the fact that he was committed, and the crime against the victim F was committed while he was prosecuted for the crime of injury in front of the crime, etc., is disadvantageous to the defendant.

In addition, considering the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the means and consequence thereof, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the instant crime, etc., the lower court’s punishment is heavy or is deemed unreasonable. Therefore, both the prosecutor and the Defendant’s assertion are without merit.

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.

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