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(영문) 대구지방법원 2018.05.18 2018노860
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unreasonable.

2. The circumstances are favorable, such as the fact that the defendant recognized the instant crime and against his mistake, the victim did not want to punish the defendant, and the fact that the defendant was subject to the disposition of forfeiture due to the instant crime.

On the other hand, the crime of this case is an unfavorable circumstance, such as the fact that the defendant committed assault against the victim in a prison and inflicted an injury on the victim by the person who committed the assault in a prison, the nature of the crime is inferior, the degree of the injury suffered by the victim is not weak, and the defendant has many criminal records due to the same criminal record.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, means and consequence of a crime, and the scope of recommended sentencing guidelines according to the sentencing guidelines established by the Supreme Court and the sentencing guidelines established by the Sentencing Committee, it does not seem that the sentence imposed by the lower court is too unreasonable.

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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