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(영문) 대구지방법원 2018.10.18 2018노3039
특수상해
Text

The defendant's appeal is dismissed.

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 lower court, based on the favorable circumstances, sentenced the above punishment by taking account of the following: (a) the Defendant’s occurrence of injury to the victim is not relatively much severe, and (b) the fact that the Defendant agreed with the victim was smoothly more favorable, in view of the fact that the Defendant did not engage in the same crime even during the repeated crime period, and was likely to be subject to criticism.

In addition to the circumstances taken into account by the court below, the fact that the defendant has been punished several times as fines for the same kind of crime shall be considered as disadvantageous to the defendant.

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 sentencing judgment 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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