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(영문) 대구지방법원 2020.07.22 2019노4348
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment of six months, the suspension of execution of two years, and the community service order of eight hours) 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 Defendant agreed with the victim solely by himself/herself, and the injury of the victim is relatively minor.

The lower court suspended the execution of a sentence against the Defendant, taking into account all the circumstances favorable to the Defendant, and rendered a community service order.

In light of the fact that a criminal record related to violence is several times, it is recognized that it is necessary to issue a social service order for a certain period of time to prevent recidivism and to enhance compliance awareness, and that a community service order can be executed in consideration of the given conditions and the environment of the subject at the execution stage, the sentence of the court below, including a community service order for 80 hours, including it, was conducted within the reasonable

3. Therefore, 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. It is so decided as per Disposition.

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