logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.07.19 2018노1540
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court, in light of the following circumstances: (a) the Defendant committed an injury to the victim on the grounds of minor negligence even though there were many criminal records of the same kind; (b) even though the degree of injury was serious, the Defendant did not receive a letter from the victim; and (c) the Defendant lives for a long period of escape from punishment after committing the crime, etc.; (b) the Defendant recognized and reflects the crime; and (c) the Defendant does not seem to have committed an offense under conclusive intentional intent in light of the circumstances surrounding the crime and the degree of injury; and (d) the Defendant did not have any record of punishment exceeding a fine after 194, sentenced the above punishment.

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, other than the flexible and unfavorable circumstances taken into account by the lower court, and all other conditions of sentencing, including the Defendant’s age, sex, environment, background leading up to the commission of the crime, means and consequence, scale of the crime, and circumstances after the crime, it cannot be deemed unfair to have exceeded the reasonable bounds of discretion or maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the above assertion by the Defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

arrow