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(영문) 대전지방법원 2020.04.22 2019노1488
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendant committed the instant crime, committed the instant crime, committed a rush behavior, and committed the instant crime in a profound manner; (b) there are circumstances that may be considered such as causing the instant crime in the course of pointing out a rush behavior by the victim; and (c) the Defendant agreed smoothly with the victim.

2. The current Criminal Procedure Act, which takes the principle of trial-oriented and directness, has the unique area of the first instance court with respect to the determination of sentencing. Therefore, it is reasonable to respect the determination of sentencing in the first instance court where there is no change in the conditions of sentencing compared to the first instance court and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the punishment by sufficiently taking into account the above favorable circumstances alleged in the first instance court. In so doing, considering the following factors: (a) the Defendant’s criminal power and degree of injury are not easy; (b) there is no special change in circumstances that the lower court should change the Defendant’s punishment after the pronouncement of the lower judgment; and (c) there is no other special change in circumstances that the lower court should change the Defendant’s punishment, such as the Defendant’s age, character, environment, motive, means, and consequence of the crime.

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

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