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(영문) 대구지방법원 2013.09.12 2013노2276
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal, the fact that the defendant is against himself and the circumstances and degree of each crime, etc., the sentence imposed by the court below against the defendant is too unreasonable.

2. The facts that the Defendant’s mistake is divided and seriously reflected, that the victim F and D agreed with, and that part of the repair cost was paid to the victim H, each victim’s damage level is not much severe, and the instant crime is committed in relation to the crime of interference with business and the crime of interference with business under the latter part of Article 37 of the Criminal Act, and at the same time, the equity should be considered in the case where the judgment was pronounced.

However, in light of the method and frequency of the instant crime, etc., it is not good for the Defendant to commit the crime; there are a number of criminal records against the Defendant; most of the criminal records against the Defendant are violent crimes; the Defendant has prevented the Defendant from committing violent crimes without any particular reason; and the risk of recidivism in the future seems to be high; and there is no agreement with some victims.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the Defendant, the lower court appears to have taken into account most favorable circumstances, and there is no change in circumstances that would vary between the lower court and the sentence.

Therefore, since the sentence imposed by the court below is too unreasonable, 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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