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(영문) 대구지방법원 2019.02.14 2018노4794

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The lower court, without any particular reason, sentenced the above sentence by taking into account the circumstances favorable to the Defendant, such as the fact that the Defendant was not good to commit the instant crime, the Defendant committed the instant crime during the period of suspension of execution, and taking into account the fact that the Defendant’s mistake is against himself/herself, and the Defendant’s disorder, such as bipolartic disorder, etc., was committed.

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, other than the flexible and unsound circumstances taken into account by the lower court, and all other conditions of sentencing, including the Defendant’s age, character and conduct, environment, background leading to the commission of the offense, means and consequence, size of the offense, and circumstances after the commission of the offense, it cannot be deemed that the lower court’s judgment exceeding or maintaining the reasonable limit of discretion is unreasonable.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the Defendant’s above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.