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(영문) 대구지방법원 2015.08.20 2015노2096
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The judgment of the Defendant recognized the mistake of the instant crime and is in profoundly against the Defendant, and the degree of injury suffered by the victim is relatively minor.

However, the crime of this case was committed by the defendant on the grounds that the defendant had expressed his desire to do so, and thus, the crime of this case was committed by causing bodily injury to the victim several times.

The defendant has been punished several times for the same violent crime, and the defendant committed the crime of this case without being aware of the fact that he was sentenced to punishment for the previous crime.

Even before the crime of this case was committed, the Defendant was punished for a crime of assaulting a prisoner in the detention center and causing injury.

In addition, considering the age, character and conduct, the environment, the motive and background leading to the instant crime, the means and consequence thereof, the circumstances after the instant crime, etc., as well as the sentencing conditions indicated in the instant records and arguments, the lower court’s punishment cannot be deemed unreasonable.

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

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