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(영문) 대구지방법원 2015.01.09 2014노4219
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court is too unreasonable.

2. It is recognized that the Defendant committed the instant crime in a contingency under the influence of alcohol, including the fact that the Defendant’s confessions the crime against the wrongness, the Defendant appears to be somewhat unstable in mental state, and the Defendant appears to have committed the instant crime

However, the defendant suffered injury that needs to be treated for 6 weeks in consideration of the face of the victim, who is an employee working in the PC room, and the nature of the crime is not good, the degree of injury of the victim is not minor, the defendant did not agree with the victim up to the trial court, and the defendant did not endeavor to recover from damage, and the defendant had three identical criminal records (one time of suspended sentence of imprisonment and two times of fine). In addition, considering the defendant's age, character and conduct, motive and background of the crime, means and methods of the crime, and the circumstances after the crime, it is not determined that the sentence of the court below is improper because it is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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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