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(영문) 대구지방법원 2018.07.27 2018노597
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service time of 120 hours) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects it, the fact that the victim wants to leave his wife against the defendant by agreement with the victim, the defendant has a physical disorder in the geographical function of the defendant, and the mother suffering from dementia lives together with the defendant is favorable to the defendant.

The crime of this case is committed by the defendant by assaulting the victim and causing injury to the victim, and the fact that there are a considerable number of records of punishment for violent crimes are disadvantageous to the defendant.

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is too unreasonable in light of the records of the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

3. In conclusion, 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 without merit.

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