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(영문) 울산지방법원 2017.12.22 2017노1429

특수폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (such as imprisonment with prison labor for not less than six months) is too unreasonable.

2. The judgment of the court below shows the attitude of recognizing and opposing the defendant's crime, and there is no record of punishment for violence or the same kind of crime before the instant case, etc., but there is no favorable circumstance for the defendant. However, as pointed out by the court below, the court below held that the victim, who has a relation of interest, did assault the victim by harming him/her, and did so by harming him/her, and that he/she did not die by taking advantage of his/her body, or spread the victim's secret photograph.

In full view of the circumstances unfavorable to the Defendant, such as the motive, background, means, and result of the instant crime, including intimidation, and the fact that the liability for the instant crime is not less severe, and that the victim has not yet been taken care of, and other circumstances that form the conditions for sentencing specified in the pleadings, such as the Defendant’s age, sexual behavior, environment, and the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed unfair merely because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.