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(영문) 대구지방법원 2019.02.14 2018노3873
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for six months of imprisonment, and one hundred and twenty hours of community service) declared by the court below is too unreasonable.

2. The judgment below rendered the above sentence by taking into account the circumstances that the defendant committed the crime of this case without being aware of even though he was under suspension of execution due to the crime of obstruction of performance of official duties, the degree of damage, the defendant did not receive a letter from the victim even though he was not light, the defendant had a criminal record of the same kind of crime, and considering the fact that the defendant recognized the crime and reflects the crime, the victim was injured while the defendant was faced with the defendant in response to the defendant's fighting proposal, and there were children who should support the defendant.

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 unsound circumstances taken into account by the lower court, and all other conditions of sentencing, including the Defendant’s age, character and conduct, environment, background leading to the commission of the offense, means and consequence, size of the offense, and circumstances after the commission of the offense, it cannot be deemed that the lower court’s judgment exceeding or maintaining the reasonable limit of discretion is unreasonable.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the Defendant’s above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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