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(영문) 울산지방법원 2019.07.25 2019노533

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant did not have any record of punishment in the Republic of Korea, and recognized all of the instant crimes, and led to a mistake.

The above is the circumstances favorable to the defendant.

However, the crime of this case is highly likely to be committed by the defendant with a view to lowering the victim's head side and preventing it, resulting in serious damage requiring medical treatment for about six weeks in early stage of the victim's handure. The crime of this case is very heavy in terms of the method and result of the crime.

After the expiration of the domestic period of stay, the crime of this case was committed, and immediately after the crime of this case, the illegal stay was committed in Korea for several years.

The above is the circumstances unfavorable to the defendant.

As above, considering the various circumstances shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, the sentence imposed by the lower court (one year of imprisonment) cannot be deemed as being excessively unreasonable.

Ultimately, Defendant’s assertion of unreasonable sentencing cannot be accepted.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.