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(영문) 대구지방법원 2019.10.10 2019노3015
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing public prosecution as to the assault among the facts charged in the instant case, and rendered a judgment of conviction as to the remainder of the facts charged.

However, only the defendant appealed for the guilty portion, and the dismissal of the above indictment became final and conclusive separately as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months of imprisonment) is too unreasonable.

3. The defendant's mistake is recognized and reflected in his judgment.

The defendant agreed with the victims, and the victims want to find the defendant's wife.

However, each of the crimes of this case is very poor because the defendant assaultss or damages property to unspecified victims for reasons that it is difficult to understand without any special reason.

The defendant, who has been punished four times only for violent crimes, has committed each of the crimes of this case even during the period of suspension of execution according to the crime of injury.

In light of this point, the defendant seems to have a high risk of violent violence and recidivism.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

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

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