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(영문) 대구지방법원 2014.10.17 2014노2843
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of each of the crimes of this case, and the defendant suffered an injury requiring four weeks of medical treatment as he was assaulted by the victim A and B at the time of this case, the defendant seems to have inflicted an injury on the victim A as an contingent consequence in the process of drinking together with the victim A and B, and the fact that the defendant seems to have inflicted an injury on the victim A, making efforts for recovery of damage by making efforts to the victimJ for recovery of damage.

However, there are six times the criminal records of the same violent crime committed against the defendant (two times in actual form, and four times in fines). In particular, considering the following circumstances: (a) the defendant committed not only the crime of inflicting bodily injury upon the victim J but also the crime of inflicting bodily injury upon the victim during the short period of six months after the completion of the sentence due to the crime of bodily injury, etc., and even thereafter, the defendant committed the crime of inflicting bodily injury upon the victim J; (b) the degree of injury of the victim is heavy; (c) the degree of injury of the victimJ is not easy; and (d) the victim showed the victim A expressed the intention of not to be punished by the investigation agency; (d) the defendant did not agree with the victim and did not have any effort to recover from damage until the trial; and (e) other circumstances, such as the defendant’s age, character, environment, motive and background of the crime of this case, means and consequences of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, 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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