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(영문) 대전지방법원 2016.08.17 2016노1491
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant appears to have committed the instant crime in a contingent manner while drinking together with a victim of a funeral ceremony, and that the victim does not want to be punished by the Defendant, and that he/she paid considerable damages upon agreement with the victim.

However, according to the following circumstances: (a) the degree of injury suffered by the victim is very heavy; (b) the face of the injury is considerable; (c) the degree of damage is considerable; and (d) the victim continuously spreads alcohol to the victim; (b) the crime of this case was committed during the period of repeated crime due to the same kind of crime; and (c) even if there were the records of punishment several times due to the same crime, the defendant was committed for the crime of this case.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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