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(영문) 대구지방법원 2021.02.17 2020노1993
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant confessions and reflects the Defendant, and that the degree of disability is a person with a severe delay.

However, in full view of the various circumstances revealed in the records and pleadings, such as the fact that the victim was unable to take a letter from the victim and the defendant had the same criminal record, the punishment sentenced by the court below is not heavy.

3. According to the 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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