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(영문) 대구지방법원 2015.06.11 2015노1334
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant is favorable to the Defendant that recognized each of the instant crimes and against the mistake, and that the Defendant agreed with the victims, and that the Defendant discharged the damage to property damage.

On the other hand, each of the crimes of this case is that the defendant, under the influence of alcohol, injured customers by entering a restaurant, damaged the house in which he lives, interfered with his duties by avoiding disturbance in the sick room, and the nature of the crime is extremely poor. The defendant was punished for the same crime, and the defendant committed each of the crimes of this case during the period of repeated crime, including his criminal history, ten times the punishment, and the defendant was punished for the same crime during the period of repeated crime. In addition, the defendant had already been punished several times of fines for the crime during the period of repeated crime, but has not been aware of the fact that he committed a second offense without being aware of it.

In addition, the age, character and conduct, the environment, the circumstances and results of each of the crimes in this case, etc., all of the sentencing conditions in this case and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

1. Standards for types of punishment and of punishment;

(a) Type 1 (General Bodily Inflicting) (Special Bodily Inflictingd Persons): In cases of minor injuries (1 and 4), in cases of non-influence of punishment (including efforts to recover damage), or in cases of recovery of considerable partial damage (the scope of recommending punishment): One month to one year of imprisonment;

(b) No sentencing guidelines for the crime of interference with business or damage to property are set.

2. In full view of the first sentence of Article 37 of the Criminal Act among the crimes against which the sentencing criteria are set and the crimes against which the sentencing criteria are not set, the lower court’s sentence is too unreasonable because it is not deemed that the sentence is too unreasonable.

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