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(영문) 대구지방법원 2020.09.09 2020노1664

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (crimes 1 in the original judgment: Imprisonment with prison labor for 6 months, suspended execution for 2 years, and crimes 2 and 3 in the original judgment: Imprisonment with prison labor for 10 months) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the fact that the Defendant was punished for narcotics or violent crimes several times, and that the Defendant committed a special injury or narcotics crime on November 7, 2019 during the period of suspension of execution due to the crime of injury, etc. committed before the judgment of the court below, it is inevitable to severely punish the Defendant, and there is no new change of circumstances that could change the sentence of the court below in the trial.

In full view of the following circumstances: (a) the Defendant’s age, motive of the commission of the crime; (b) the equity with the case of a special injury to a police officer on April 2018, when the judgment of the court below became final and conclusive; and (c) the circumstances after the commission of the crime (agreement with the victim), etc., the sentence imposed by the court below is considered within the reasonable scope of discretion and is not heavier.

3. Therefore, 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.