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(영문) 대구지방법원 2020.01.09 2019노3646
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant recognized and opposed to the mistake, and agreed with the victim C and the lower court in the course of investigation with the victim F.

However, the defendant committed another crime during the suspension period of imprisonment due to the same crime.

The sentencing of the lower court is the lowest sentence that can be sentenced within the scope of the sentencing after discretionary mitigation.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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