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(영문) 대구지방법원 2014.09.25 2014노1136
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (limited to four months of imprisonment, one year of suspended execution, one year of probation) is too unreasonable.

2. The judgment of the defendant recognized the error of the crime of this case and is in depth against it.

The degree of damage caused by a victim's 14-day medical treatment is relatively weak due to the cryp of the right shoulder, etc.

However, the Defendant had a record of being punished 11 times in the same case, and on 2013, the Defendant was punished by a fine for the obstruction of business by neglecting his/her failure at the victim’s restaurant, and again was inflicted injury on the victim by walking the part of the victim’s right bucks.

Until the trial of the case, the defendant was unable to reach an agreement with the victim or to recover damage.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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

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