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(영문) 대구지방법원 2014.11.20 2014노3286
공문서부정행사등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant should not repeat the crime by seriously reflecting the error of the crime, and the victim G does not want to punish the defendant, and there are children to support the defendant.

However, the Defendant had a record of having been punished several times for violent crimes, and was punished for drinking and driving without a license, as well as driving a vehicle not covered by mandatory insurance in drinking condition without a license, and was sentenced to imprisonment on September 26, 2013 and a suspended sentence of two years on September 26, 2013 and was sentenced to two months thereafter, and committed each of the instant crimes with the same vehicle that was not covered by mandatory insurance at the same time.

The driving of a motor vehicle without a license, which leads to a traffic accident that leads to a traffic accident that leads to a traffic accident that leads to a traffic signal while presenting the friendly E driver's license in advance to the traffic officer, and the crime that forges and exercises E's signature is frighten and criminal.

The blood alcohol concentration was 0.141% high, and the victim G was found to have committed an act of inflicting bodily injury on the ground that the victim G was not subject to telephone during the period of consultation divorce by agreement with the victim G during which the victim's divorce is settled. In light of the motive, circumstance, method of crime, etc. of the crime of bodily injury, the nature of the crime is not weak.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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