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(영문) 대전지방법원 2014.09.17 2014노1067
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, suspended execution for three years, community service order 160 hours, and 40 hours of order to attend a course) of the lower court against the Defendant is too unfasible and unreasonable.

2. The crime of injury in the case of this case was committed by the Defendant without any special reason on the part of the principal store and the victims of female workers, who are the operators and employees of the principal store without any specific reason. In light of the degree of assault and injury of the Defendant, the liability for the crime of this case is heavy. The remaining crimes of this case are the circumstances unfavorable to the Defendant, such as the following: (a) the Defendant, while under the influence of alcohol, caused a traffic accident while driving a motor vehicle; (b) the Defendant, while driving the motor vehicle, destroyed another motor vehicle; and (c) the police officer did not comply with the police officer’s demand for the measurement of alcohol; and (d) the Defendant, without any specific criminal liability, continuously led his spouse to make a false statement that he had driven, not the Defendant; (b) the Defendant had committed the crime of assault in the case of this case nine times;

On the other hand, all of the crimes of this case are recognized and reflected by the defendant late, the victims of the crime of injury and the victim of the traffic accident agree with the victim and the victim of the traffic accident, and all of the victims are not wanting to be punished by the defendant, the crime of this case appears to have been committed by the defendant contingently while under the influence of alcohol. The traffic accident of this case is minor to the extent of damage of the damaged vehicle and there was no result of the driver or the passenger, other than others, and the defendant's family members, club fees, etc. wanting to take the front line, and thus, the defendant's family and social compensation is maintained is favorable to the defendant.

The above circumstances and motive leading to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, character and conduct, family relation, and occupation.

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