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(영문) 대전지방법원 2018.08.22 2018노1372
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances surrounding the sentencing, including the degree of injury inflicted on the victim, the victim’s severe carbon source, the confession and reflect of the defendant, etc., and there is no circumstance to be newly considered in the first instance court. In full view of other circumstances, it cannot be deemed that the lower court’s sentencing is too excessive and it goes beyond the reasonable scope of discretion.

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. It is so decided as per Disposition.

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