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(영문) 대구지방법원 2015.12.24 2015노339
상해
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflects his mistake, and that the victim also did not want the punishment of the defendant under an agreement with the victim.

On the other hand, each of the crimes of this case is a situation unfavorable to the defendant, where each of the crimes of this case is committed by unilaterally assaulting the victim who is relatively weak in the position of the defendant, and the nature of the crime is not good, and the defendant can have the power of criminal punishment including the same criminal records.

Considering the above circumstances and various circumstances, which are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.

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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