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(영문) 대구지방법원 2016.08.26 2016노766
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of four months, the suspension of execution of two years, and community service 80 hours) is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and reflects on it, and the injury inflicted by the Defendant is not hot, and supports the mother suffering from dementia.

However, the defendant did not reach an agreement with the victim up to the trial of the party, and has been subject to criminal punishment several times for the same crime.

In addition, there is no change in the sentencing conditions compared with the original court because new sentencing data has not been submitted in the first instance court.

In full view of other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. 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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