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(영문) 대구지방법원 2016.10.07 2016노2694
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of 4 million won) is too unreasonable.

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

2. The Defendant did not reach an agreement with the victim up to the time of the trial, and did not have any particular effort to recover from damage.

In addition, the defendant has a record of criminal punishment exceeding 20 times, including four times of punishment for the same crime.

However, the Defendant recognized the instant crime and is in profoundly against its depth, and the degree of injury inflicted by the Defendant is not heavy, and there are some circumstances to consider the circumstances leading to the instant crime.

In addition, there is no particular change in sentencing conditions compared with the original judgment because new sentencing data is not submitted in the trial.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, 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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