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(영문) 대구지방법원 2020.01.08 2019노4435
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (six months of imprisonment) shall be too unreasonable;

(A) On February 2, 200, it is recognized that the defendant recognized all the crimes of this case and reflects them, and that the victim living together seems to have committed the crime of this case by contingently, and that there is no sentence to be sentenced.

However, it is also recognized that the Defendant already committed the instant crime during the period of the suspension of the execution of imprisonment, including three times of the suspension of the execution of imprisonment for an injury, one time of the suspension of the execution of imprisonment for a special injury, and one time of the suspension of the execution of imprisonment for a violation of the Punishment, etc. of Violences Act (at night), in particular, on December 29, 2018, the two-year judgment of the suspension of the execution of imprisonment was finalized on October, 201 as a special injury crime, and on January 17, 2019, the one-year judgment of the suspension of the execution of imprisonment was finalized on April, 201, and that the instant crime was committed during the period of the suspension of the execution of imprisonment, and that the crime finalized on December 29, 2018 was the same as the instant victim, and in this case, the Defendant

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of crime, means and consequence of crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the lower judgment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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