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(영문) 대구지방법원 2014.10.08 2014노2037
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three months of imprisonment) is too unreasonable.

2. Although there are favorable circumstances, such as the fact that all of the instant crimes were led to confessions and reflects by the Defendant, and that the Defendant did not want to punish the Defendant, the Defendant has been sentenced four times (three times of suspension of execution of imprisonment, three times of fine) to the same crime, and the Defendant has committed the instant crime during the period of repeated crime after release, and the Defendant was detained as a crime of violation of the Punishment of Violences, etc. Act (Organization and Activity of Organizations, etc.), and the Defendant seems to have committed an injury to the same person without being informed of the fact that the Defendant is detained as a crime of violation of the Punishment of Violences, etc. Act (Organization and Activity of Organizations, etc.). The scope of the recommended sentence of the Supreme Court sentencing regarding the instant crime [basic crime: Basic crime: general injury, mitigation element of punishment, and mitigation area] from February to three years, considering the circumstances of the Defendant’s favorable to the Defendant, and there is no reason for the lower court to have sentenced the Defendant to imprisonment in light of other circumstances, Defendant’s age, character and behavior, method and motive of the instant crime.

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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