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(영문) 대구지방법원 2014.02.21 2013노2743
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 (7 million won of a fine) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The fact that the defendant led to the confession of the crime is against the victim, and that the degree of injury suffered by the victim is not much serious, and that the agreement with the victim is a favorable sentencing factor.

B. The Defendant was sentenced to a suspended sentence of two years on January 8, 2013 due to a violation of the Punishment of Violences, etc. Act (joint conflict) and committed the instant crime during the suspended sentence period of eight months, and the Defendant committed an act of assaulting a victim without good cause due to the Defendant being under the influence of alcohol, entering a lower court, and committing an act of assaulting the victim without good cause is an unfavorable sentencing factor.

C. In light of all the circumstances, including the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is excessively heavy or unreasonable.

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

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