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(영문) 대구지방법원 2020.08.12 2019노4377
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of 10 months, the suspended execution of 2 years, the probation, and the community service order of 160 hours) of the lower court is too unreasonable; and

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The instant crime is highly dangerous in itself by deeming the victim to have inflicted an injury upon the victim by slicking the head of an electric slick, which is a dangerous object, with the slicker of an electric slicker.

Nevertheless, the court below suspended the execution of a sentence against the defendant, taking into account the circumstances agreed with the victim, and rendered a community service order.

Considering the need for the Defendant to issue a social service order for a certain period of time to prevent recidivism and to enhance compliance awareness, and the community service order can be executed in the implementation stage in consideration of the circumstances and environment of the subject, the lower court’s punishment, including the community service order for 160 hours, including the community service order, was conducted within the reasonable scope of discretion and is not hot.

3. Therefore, 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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