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(영문) 대전지방법원 2013.12.12 2013노2213
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

Summary of Grounds for Appeal

Defendant

The sentence of the court below (one year and six months of imprisonment) is too unreasonable.

The above sentence of the court below by the prosecutor is too unhued and unreasonable.

Judgment

The grounds for appeal by the defendant and prosecutor shall also be examined.

Although each of the crimes of this case is acknowledged to have led to the confession and reflect of each of the crimes of this case, and there is an agreement with some victims, each of the crimes of this case is highly severe in light of the method of crime, frequency of crime and the degree of damage suffered by victims, etc., and each of the victims did not agree with most victims up to the trial, and the victims did not agree with most of the victims. They began to commit the crimes of this case again for about two months after release, and each of the crimes of this case was committed during the repeated crime period for the same kind of crime, and each of the crimes was punished several times in the past. The past has history of punishment for the same crime related to the same kind of crime, and the risk of recidivism is high, considering the defendant's wall to commit these crimes and the risk of long-term crime, the prosecutor's assertion that there is no reason to view that the defendant's assertion that the defendant's punishment of this case is too unreasonable.

In conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(As examined in the above, there is no reason to appeal by the defendant, but there is no separate indication in the text that the appeal by the prosecutor should be dismissed unless the judgment of the court below is reversed due to the reasons for the appeal by the prosecutor).

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