(영문) 대구지방법원 2014.01.16 2013노2452 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 대구지방법원 2014.01.16 2013노2452

상해

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All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the records of the same crime committed by the prosecutor by the defendant and the fact that the crime of this case was committed during the period of probation, the punishment sentenced by the court below (6 million won of fine) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

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

The Defendant has been punished as fines for the same crime as this case, such as assault and bodily injury, and the facts of the crime were committed also with the other party while engaging in a dispute with the other party, which is similar to this case. In particular, on May 17, 2012, the Daegu District Court rendered a sentence of one year and two years of suspension of execution as sentenced to imprisonment for a violation of the Punishment of Violence, etc. Act (a deadly weapon, etc.), and committed the same crime of this case on the 25th of the same month, which became final and conclusive on the 25th of the same month, even during the suspension of execution

On the other hand, the fact that the degree of assault or injury inflicted by the defendant is not much severe, and that the victim does not want the punishment of the defendant by agreement with the victim is favorable to the defendant.

In full view of the above-mentioned normal relationship, the Defendant’s age, character and conduct, environment, the background of the instant crime, and the circumstances after the instant crime, etc., all the sentencing conditions as shown in the records and pleadings do not deem that the sentence imposed by the lower court is too minor or unreasonable.

The prosecutor and the defendant's assertion are without merit.

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

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제4항

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