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(영문) 대구고등법원 2017.11.21 2017노410
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. The lower court, based on its stated reasoning, determined the sentence against the Defendant.

The circumstances concerning the sentencing alleged in the grounds of appeal by the defendant and defense counsel are sufficiently considered by the court below when determining the punishment.

The above determination of sentencing by the court below seems to have been conducted within the reasonable scope of discretion, and there is no change in circumstances to recognize that maintaining the sentence by the court below is unfair.

Therefore, we cannot accept the Defendant’s assertion that the lower court’s punishment is too excessive and unfair.

3. In conclusion, 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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