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(영문) 대구지방법원 2014.08.08 2014노1921
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, each of the instant crimes is considered to be disadvantageous to the Defendant, on the grounds that: (a) the Defendant detained the victim who is under suspicion of the male relationship of the victim, for about 11 hours and 30 minutes; and (b) damaged the victim’s Handphones; (c) the nature of the relevant crime is very poor in light of the motive, circumstance, form of the act, etc.; (d) the victim suffered injury requiring six weeks’ medical treatment due to the instant crime; and (e) the degree of injury was serious; and (e) the victim did not reach an agreement with the victim up to the trial.

On the other hand, the defendant's confession of each of the crimes of this case is against the defendant, the defendant made efforts to recover damage by depositing more than 8 million won in the court below for the victim, and more than 2 million won in the court below for the victim, and the defendant has no criminal record for the same kind of crime in favor of the defendant. In full view of all the circumstances that are the conditions of sentencing, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and method of the crime of this case, and circumstances after the crime, etc., the punishment imposed by the court below against the defendant is too heavy or too unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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