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(영문) 대전지방법원 2014.04.24 2013노2564
상해등
Text

Defendant

The appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the original judgment (two years of imprisonment with prison labor for eight months and two years of suspended execution) is too unreasonable.

Judgment

The circumstances are favorable to the defendant, such as the fact that the defendant led to the crime of this case and reflects his mistake, that the victim F does not want to be punished against the defendant, that the victim K deposited KRW 500,000 for the victim K, and that the defendant has no record of criminal punishment other than juvenile protective disposition.

However, the crime of injury of this case is a circumstance unfavorable to the defendant, such as the defendant's consent to walk the face of the victim who sits down on a hand due to his own food, and the fact that the crime is considerably heavy in light of the degree of injury and behavior patterns, and the degree of injury suffered by the victim F is very serious.

The scope of the recommended sentence with respect to the instant crime according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court is from 6 months to 2 months in prison, from 6 months in prison, from 1 to 4 months in prison, from 1 crimes [Type 1 (General Bodily Injury), 1 (Special Bodily Injury), decision-making of the recommended field, the range of the recommended sentence (6-2 years), 2 crimes [type 1 (General Violence), special mitigation (where the degree of violence is minor), decision-making of the recommended area (where special mitigation), the scope of the recommended sentence (1-8 months), 6-24 months in the final sentence scope due to the aggravated punishment, and other various sentencing conditions such as the Defendant’s age, character and behavior, environment, the circumstances of the instant crime, and the circumstances before and after the instant crime, it is not recognized that the sentence of the original sentence, which sentenced the suspension of the execution of imprisonment, is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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