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(영문) 울산지방법원 2017.10.13 2017노1075

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The Defendant appears to have committed the instant crime in a somewhat contingent manner, and there are favorable circumstances for the Defendant, such as the fact that he/she recognized the Defendant to commit the instant crime, and that he/she agreed with the victim, but the lower court appears to have been sentenced to the least sentence after fully taking account of the aforementioned circumstances into account the fact that the Defendant had been subject to punishment more than 10 times, including two suspended sentence for violent crimes, and other circumstances, including the Defendant’s age, sex, environment, motive or circumstance of committing the instant crime, and its means and result, it cannot be deemed unfair since the lower court’s sentence was imposed, even in full view of all other circumstances, which are the conditions for sentencing as expressed in the pleadings.

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.