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(영문) 광주지방법원 2021.02.03 2020노3185
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The Defendant shows his attitude to recognize and reflect all of his criminal acts.

The victims C of special injuries and special assaults want not to be punished for the defendant's spouse, who is his spouse, and want to be punished.

On the other hand, the defendant has been punished for driving under drinking or non-licensed driving, and even after being punished for a suspended sentence of imprisonment for driving under drinking in 2019, he again committed the crime of refusing to drive without a license or to measure drinking during the suspended sentence period.

In addition, the crime of special bodily injury and special assault among the crime of this case committed by the defendant is the defendant's spouse who has injured his spouse with a pipe, and the knife has been committed and it is not good to commit the crime.

In full view of all the sentencing conditions as shown in the instant pleadings, including the above circumstances, including the Defendant’s age, sex, environment, motive, means, consequence, etc., the sentencing of the lower court exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant's argument of sentencing is not accepted.

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.

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