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(영문) 대구지방법원 2017.07.13 2017노348
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable (1.5 million won in penalty).

2. In light of favorable circumstances, such as the fact that the Defendant is a recipient under the National Basic Living Security Act, and the fact that the injured person in agreement with the victim would not be punished against the Defendant on October 17, 2016, the Defendant, if it is not certain where the injured person is in peace, shall take account of the fact that the injured person would be deprived of the knife and knife, and the Defendant would threaten the injured person in a manner that the injured person is gird in the snow, and would have led to the instant crime even if the injured was under heavy stress, respectively.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is unfair because it is too unreasonable as the Defendant alleged.

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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