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(영문) 대구지방법원 2018.11.08 2018노3331
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: the defendant committed violence by giving a victim working in the workplace on the ground that the victim was satisfyed with her her her friend and her friend; the victim called to the her friend at the request of the defendant and continued to use violence by threatening her friend while threateninging the friend's disease; the victim's friend on the left head is bad; the victim's friend and the victim's friend and damaged her friend are likely to cause serious injury to the victim; the defendant had the record of receiving juvenile protective disposition due to an injury in the past; the defendant did not deny part of his friended with his her friend, and the defendant demanded the victim to make a false statement in accordance with the contents of her statement by contact with her friend and making a false statement.

However, after the defendant became an adult, there has yet to be punished, and the defendant has not yet reached an agreement with the victim in the original trial, and the victim submitted a written application of carbon that the defendant wants to take the priority of the defendant by repeating the victim's time in the first instance trial, and the defendant has reached a court in the original trial, which recognizes his mistake and reflects in depth since the defendant has reached the court in the original trial, and the defendant is in a social ties relationship, such as the defendant's spouse and her mother are taking the birth of his child between her early delivery, the defendant's spouse and her mother wanting to take the priority of the defendant's wife, etc. It seems that there is a social ties relationship, such as the fact that the defendant has more than 3 months of detention until now, and all of the sentencing conditions in the instant case, including the defendant's age

Since it is determined, the above argument of the defendant is reasonable.

3. According to the conclusion, the Defendant’s appeal is dismissed.

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