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(영문) 대구지방법원 2019.11.21 2019노1159

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, one year of suspended execution, and 40 hours of community service) imposed by the court below is too unreasonable.

2. The extent of the Defendant’s assault is not obvious.

There shall be no criminal records over fines against the accused.

However, the Defendant alleged that he had previously been assaulted by the victim, and complained against the punishment for the assault of this case, and did not seriously repent his mistake, such as resisting that he was punished as the assault of this case.

(A) On February 27, 2019, at the time of the instant case, the Defendant reported that the victim abused the Defendant as a solid substance at the time of the instant case on February 27, 2019, five months after the date of the instant case. The Defendant has been punished five times due to the crime of injury, assault, interference with business, etc.

The defendant was unable to receive a letter from the victim or to agree with the victim.

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.