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(영문) 대구지방법원 2019.07.19 2019노764
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects it, agreed with the victim, the defendant's economic situation is difficult, and the defendant has no criminal record of the same kind.

However, the defendant has already been punished 16 times in total, including three times of punishment for a crime of different species, and this case is required to leave the victim under the influence of alcohol.

It is also recognized that the defendant is suffering from alcohol dependence, and the defendant's criminal record shows the risk of re-offending.

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

3. In conclusion, 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.

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