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(영문) 대전지방법원 2019.08.07 2019노1427

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The judgment that the defendant was committed while committing the crime and reflected, that appears to be a contingent crime, and that he deposited 3 million won for the victim is a favorable condition for the defendant.

However, the fact that the degree of the assault of this case is very serious, that the defendant had four times criminal records of violence, that he committed the crime of this case without being aware of even though he was in the period of repeated crime, and that he did not receive the written suspicion of the victim is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

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