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(영문) 대구지방법원 2018.11.16 2018노3179
무고등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and community service order 160 hours) is too unreasonable.

2. It is recognized that the defendant recognized all of the crimes of this case and divided his mistake, and there is no record of punishment heavier than the fine.

However, each of the crimes in this case committed assaults another person and damages property without any particular reason.

Rabbly injured the victim himself/herself;

The fact that the nature of the crime is very rough and bad, the damage caused by the crime of destruction of property was not recovered, the victims did not agree at all with the victims, the fact that there was a past record of punishment for fines on several occasions, and the fact that there was a bad attitude of investigation, etc. are disadvantageous to the defendant.

In addition, if there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment, the sentence imposed by the lower court is too unreasonable in light of the records of the instant case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc.

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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