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(영문) 대구지방법원 2018.07.20 2018노1653
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is a favorable circumstance that the defendant deposited one million won for the victim, the defendant has no criminal record of probation or heavier, the defendant has old age and health, and the defendant's will want to leave his wife against the defendant.

On the other hand, the crime of this case is committed by the defendant with a shoulderer's face face. It is not good to the quality of the crime, and is highly dangerous to act. The defendant's crime of this case appears to require treatment of sexual surgery, etc. in the future. The victim's family members failed to agree with the victim until now, the victim's family members want to be punished for severe punishment for the defendant, and the defendant has a record of criminal punishment due to the crime of injury in 2016.

In full view of the above circumstances and the facts that there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, and all of the sentencing factors in the pleadings of the instant case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, etc., the sentence imposed by the lower court is too unreasonable since the sentence imposed by the Defendant is too unreasonable.

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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