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(영문) 대구지방법원 2021.01.13 2020노3568
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the defendant's punishment (one year of imprisonment, and confiscation) declared by the court below is too unfasible, and the prosecutor is too unfased and unfair.

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). The lower court, as stated in its reasoning, determined the Defendant’s punishment by comprehensively taking into account the various circumstances (such as serious injuries, agreements with the victim, and criminal records) of the Defendant.

It is recognized that the defendant reflects the crime of this case, and that the family members and the branch members of the defendant want to take the action against the defendant.

However, the crime of this case is committed by the defendant with a knife that the defendant inflicted an injury on the victim's face and chest, and the attitude of the act is very poor and dangerous, and the victim seems to have suffered considerable mental and physical pain due to the crime of this case.

The judgment below

In addition, when comprehensively considering the sentencing conditions, including the Defendant’s age, family relation, background of growth, living environment, and criminal record, and the scope of recommended punishment according to the sentencing guidelines, including there is no change in special circumstances or circumstances that can be considered newly after the sentence, the sentence that the lower court rendered is appropriate, and is too heavy or unreasonable.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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