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(영문) 대구지방법원 2018.06.07 2018노1199
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court sentenced the above punishment by taking account of the circumstances that are favorable to the Defendant’s confession and reflect, and the agreement with the victim, the Defendant had a lot of history of criminal punishment for the same kind of crime, committed the instant crime during the period of repeated crime due to the same crime, and the degree of injury to the victim is not somewhat harsh.

In addition to the circumstances taken into account by the court below, even if considering favorable circumstances, such as the defendant's age, sex, environment, health, circumstances leading to a crime, means and consequence, scale of the crime, circumstances after the crime, etc., the sentence imposed by the court below seems to be appropriate, and the judgment of the court below exceeded the reasonable limit of discretion, even if the defendant exceeded the reasonable limit of discretion, in light of all sentencing conditions, such as the defendant's age, sexual conduct, environment, health, and consequence leading to the crime, means and consequence, which can be known through records and pleadings, and circumstances after the crime.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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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