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(영문) 대구지방법원 2018.03.22 2017노5516
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight 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 following circumstances: (a) the Defendant was subject to criminal punishment including juvenile protective disposition and punishment for multiple violent crimes; (b) the Defendant committed the instant crime during the period of repeated crimes; (c) the former part of the victim was not recovered from damage; and (d) the victim suffering from abuse from the attachment was not able to estimate the size of the suffering; (c) the Defendant’s mistake was recognized; (d) the former part of the victim was agreed to divorce on the condition that the victim would pay consolation money and child support; and (e) the Defendant’s poor growth environment was favorable.

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, and all other conditions of the sentencing, including the Defendant’s age, sex, environment, background and consequence leading to the commission of the crime, means and result, scale of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court is deemed appropriate and the sentencing judgment by the lower court exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

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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