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(영문) 대구지방법원 2020.02.14 2019노4879

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (two months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that it is necessary to consider the balance with the case where the judgment is to be rendered concurrently with a special assault crime, such as imprisonment with prison labor for eight months in the decision of the court below, etc. as a concurrent crime of Article 37 of the Criminal Act, which is the fact that the defendant fully recognized and reflected

However, it is also recognized that the Defendant had already been punished eight times in total due to the crime of injury, including one sentence, and had been punished nine times in total, including two times in the suspension of the execution of imprisonment for this type of crime, and that the Defendant had been active as a C organization, a violent organization, at the time of the decision of the court below.

In addition, comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.