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(영문) 광주고등법원 2021.01.14 2020노374

상습특수존속상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

The Defendant withdrawn misunderstanding of facts and misapprehension of legal principles on the first trial date.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below, and where the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The grounds asserted by the defendant in this court as the elements of sentencing are already discovered in the hearing process of the court below, or are sufficiently taken into account in determining the sentence against the defendant, and there is no change in circumstances in the sentencing guidelines with regard to the matters subject to the conditions of sentencing after the court below

When the court below comprehensively takes into account the defendant's age, sex, environment, motive, means and consequence of the crime, relationship with the victim, circumstances after the crime, etc., and all the sentencing conditions and the scope of sentencing guidelines based on the sentencing guidelines, such as the defendant's age, sex, environment, motive and consequence of the crime, relationship with the victim, circumstances after the crime, etc., the court below's sentencing is too unfair since it was conducted within the reasonable scope of discretion.

The defendant's argument of sentencing is without merit.

3. 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 groundless.