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(영문) 대구지방법원 2019.08.29 2019노2351

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The defendant's mistake is recognized and reflected in his judgment.

Damage was returned to the victim H of the larceny crime, and the above victim does not want the punishment of the defendant.

There is no criminal record over the suspension of execution due to a larceny criminal record or violent crime against a defendant.

However, the crime of special injury in this case was committed by assaulting a victim who is aged older than a stick, thereby causing bodily injury, such as a pelke, etc., and the crime is a bad in light of the method and result of the crime.

The defendant did not agree with the victims except the victim H, and the victim B of a special injury wanted to be punished by the defendant.

The defendant has been punished several times for violent crimes including special intimidation.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

3. 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.