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(영문) 울산지방법원 2017.12.07 2017노1362

폭력행위등처벌에관한법률위반(공동상해)

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The defendant's appeal is dismissed.

Reasons

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

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

The defendant does not want to punish the defendant by agreement with the victim at the investigation stage.

It seems clear that the social relationship between the defendant and his family members seems to be clear, such as the birth of the defendant's wife.

Unfavorable circumstances: The nature of the crime of this case is not that of the crime of this case.

The defendant committed the crime of this case without being aware of the fact that he was under probation due to violent crime.

The defendant has been punished for the same crime (7 times of punishment and one time of suspended execution).

When comprehensively considering the following favorable circumstances, including the above favorable circumstances, the Defendant’s age, character and conduct environment, relationship with the victim, motive means of committing the crime, the circumstances after committing the crime, etc., as well as the various sentencing conditions indicated in the arguments and records of the instant case, and the scope of recommended sentences according to the sentencing guidelines (the number of months to one year [the type] of general injury (the person subject to special sentencing] [the scope of recommended sentences] and the scope of mitigated punishment (the range of recommended sentences between two months to one year), it is not recognized that the sentence imposed by the lower court is too unfair because the sentence imposed by the Defendant is too too too large.

3. 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.