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(영문) 대구지방법원 2015.01.22 2014노1632
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant is against the defendant, the punishment imposed by the court below (one year of a suspended sentence of six months of imprisonment) is too unreasonable.

B. In light of the fact that the nature of the instant crime committed by the prosecutor is not good, the sentence imposed by the lower court is too uneasible and unreasonable.

2. We also examine the argument of the Defendant and the prosecutor.

The Defendant is a man who had worked in a service company in charge of the protection of personal safety and facility management, etc. until 2013, and the victim is 48 years old. The instant crime is unfavorable to the Defendant, on the grounds that the victim did not sell alcohol to the Defendant, and the victim did not drink once, and the Defendant was injured by the victim, such as the breath, bones, etc., in drinking, when the victim's side part of drinking was taken, and the crime is not good. The Defendant was punished for violence that occurred in the course of performing his service duties, or was suspended of indictment.

On the other hand, the defendant recognized all of the crimes of this case and reflects them, and the fact that the victim is the prior wife of the defendant by agreement with the victim, etc. are favorable to the defendant.

In full view of the above circumstances, such as the character, conduct, environment, etc. of the defendant, as seen above, since punishment imposed by the court below against the defendant cannot be deemed to be too weak or unreasonable, the defendant and prosecutor's assertion are without merit.

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

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