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(영문) 대구지방법원 2020.04.24 2020노459
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below seems to have sentenced two years and six months to the defendant, comprehensively taking into account the following factors: (a) the circumstances favorable to the defendant (i) and the conditions unfavorable to the defendant (i.e., confession, reflectivity) and the circumstances unfavorable to the defendant (i.e., several times of criminal punishment; (b) the victim suffered serious bodily injury due to ear cutting, etc., requiring medical treatment for about six weeks; (c) the victim did not receive a letter from the victim; and (d) the sentencing guidelines of the Sentencing Committee (one to three years of imprisonment) and the recommended punishment (one to

However, the sentencing of the court below is appropriate in light of the fact that there is no special change of circumstances that can be assessed differently from the sentencing conditions of the court below because the defendant did not take measures for recovery of damage, such as the defendant's ordinary character, character, health condition, family relation, circumstances after the crime, etc., as well as various circumstances revealed by the records, such as the defendant's reputation, character, health condition, family relation, the circumstances after the crime, and the result of the crime, and it cannot be deemed that there was any special change of circumstances that could be assessed differently from the sentencing conditions of the court below because the defendant did not take measures for recovery of damage, such as agreement with the victim, additional deposit, etc., and it cannot be deemed that abuse its discretionary power or deviates from the limits of discretion.

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

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