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(영문) 대구지방법원 2019.09.26 2019노2592
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

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

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The defendant recognized a joint assault crime for the first time, thereby recognizing all of the facts charged in the instant case, and is against the law.

In the court below, the defendant agreed with the victim B, and further agreed with the victim G.

These points are favorable to the defendant.

On the other hand, it cannot be deemed that the degree of injury suffered by the victim B in the crime of injury in this case is light.

After the execution of punishment for a special injury crime, etc. has been completed, each of the crimes of this case has been committed again during the period of repeated crime after the defendant who has been punished for a violation of the Punishment of Violences, etc. Act.

In light of each of the crimes in this case and the criminal records of the defendant, the risk of recidivism seems to be high.

These points are disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and all the conditions of sentencing as shown in the instant records and pleadings, there is no circumstance that the sentence imposed by the lower court is deemed to have exceeded the reasonable bounds of discretion or to have been unfair to maintain the sentencing judgment of the lower court.

Therefore, since the sentence imposed by the court below is too heavy or unreasonable, the defendant and the prosecutor's argument of unreasonable sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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