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(영문) 대구지방법원 2021.03.10 2021노74

특수상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court rejected the application for compensation by the applicant for compensation filed by the lower court.

An applicant for compensation cannot file an objection against the judgment dismissing an application for compensation pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Therefore, the part dismissing the application for compensation in the judgment below shall be excluded from the scope of the trial in this court.

2. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (one year and six months of imprisonment), and the prosecutor is too unfasible and unfair.

3. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant’s mistake is divided and contradictory to each other, and that the victims do not want the punishment against the Defendant by concluding an agreement with some victims.

However, the Defendant committed each of the crimes of this case against many victims in a short period, even though it was during the period of repeated crime after serving in prison due to injury, etc.

In addition, the defendant committed an act of violation of the rule in the detention house with other prisoners.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, occupation, family relationship, living environment, etc., the sentence imposed by the court below is appropriate, and it cannot be deemed unfair because it is too heavy or unfeasible.

4. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit, and it is so decided as per Disposition (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, the "each of the imprisonment choice" in the pertinent Article of the Criminal Act and the choice of sentence prior to the application of the judgment below