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(영문) 대구지방법원 2020.11.27 2020노3035
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the sentence against the Defendant in consideration of the various circumstances as indicated in its reasoning. In full view of the following circumstances, the lower court’s sentencing was too unreasonable to the extent that the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing specified in the instant argument, including the Defendant’s age, character and conduct, motive, means and consequence of the crime, etc., are too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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