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(영문) 광주지방법원 2021.01.21 2020노2640
상해
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. Determination

A. If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) Violence is a crime detrimental to human dignity in the most in the artificial method, and its nature is very bad, and the defendant is finally decided to be sentenced to a suspended sentence of imprisonment due to the occurrence of the crime of violence, and the crime of violence against the remaining in the period of the suspended sentence becomes final and conclusive upon being sentenced to a suspended sentence of imprisonment. As such, the above suspended sentence was invalidated and the crime of violence was committed again against the victim in the absence of any justifiable reason within the accommodation facility, and the victim was obtained from the defendant without gathering English language, and the victim was considerably more favorable to the victim, and the defendant did not receive any injury from the victim, and all of the circumstances that the defendant did not receive any injury from the victim.

(c)

Based on the legal principles as seen earlier, there was no change in the above sentencing conditions compared with the court below, and the court below’s punishment exceeded the reasonable scope of discretion by taking into account the following factors: Defendant’s age, sexual conduct, motive of crime, and circumstances revealed in the proceedings of the instant case, including the circumstances after the crime, etc.

It does not appear.

Therefore, the defendant's argument of sentencing cannot be accepted.

3. If so, the defendant's appeal is reasonable.

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