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(영문) 대구지방법원 2015.05.29 2014노2211
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. The judgment of the court below was made when the defendant made confession of the crime in this case, and there were favorable circumstances such as that the defendant deposited KRW 1 million for the victim during the trial of the court below. However, even though the victim was 8 weeks after the crime in this case, the victim continued to conduct the operation and it seems that stability fees for 8 weeks after the operation are needed, since he did not recognize his criminal liability for 2 years from the date of the crime in this case, he appears to have suffered considerable mental suffering due to the defendant's attitude, such as the defendant's appearance of the victim as he did not recognize his criminal liability for 2 years from the date of the crime in this case, and other factors and developments leading to the crime in this case, the defendant's age, character, environment, motive and consequence of the crime in this case, the circumstances after the crime in this case, criminal records and arguments such as criminal records and criminal records, etc., the punishment imposed by the court below is without merit. Thus, the defendant's 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 the defendant's appeal is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the phrase “1. Induction” in the application of the law of the court below ex officio shall be corrected as the phrase “B” under Articles 70 and 69(2) of the Criminal Act, which was amended by Act No. 12575 of May 14, 2014, which was amended by Act No. 12575 of May 14, 2014.

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