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(영문) 대구지방법원 2014.06.26 2013노4005
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there were criminal records of the same kind of prosecutor, and the probation period at the time of the instant crime, etc., the sentence imposed by the court below (six million won of fine) on the Defendant is too unhued and unfair.

B. In light of the fact that the defendant is against the defendant, the sentence imposed by the court below is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

In particular, the Defendant committed the instant crime without going against the fact that he/she committed the instant crime even though he/she was under suspension of execution at the time of the instant crime, etc., is disadvantageous to the Defendant.

However, the circumstances favorable to the defendant include the fact that the defendant fully recognized the crime of this case, the fact that the wife suffered by the victim is relatively minor and the fact that the crime of this case is not serious, and the defendant suffers from the friend after the dependence on the use of ordinary alcohol.

In full view of these circumstances and the conditions of sentencing as shown in the records and arguments, such as character, conduct, environment, property, health condition, etc. of the defendant, the sentence imposed by the court below cannot be deemed to be too weak or unreasonable.

Therefore, prosecutor and defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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