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(영문) 춘천지방법원 2020.11.20 2020노710
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant may not be sentenced to a suspended sentence against the defendant under the proviso of Article 62(1) of the Criminal Act, when the defendant committed the crime of this case during the repeated crime period.

The court below sentenced the lowest punishment among the scope of applicable sentences after discretionary mitigation, and it is impossible for the defendant to declare a minor punishment any longer without any other legal grounds for mitigation.

In addition, considering the conditions of sentencing as shown in the records and arguments of this case and the reasons for sentencing of the lower judgment, even if considering the circumstances required by the Defendant, it cannot be deemed that the lower court’s sentence is too unreasonable.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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