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(영문) 울산지방법원 2017.02.03 2016노1901

특수상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, three years of suspended execution, and observation of protection) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In light of the following factors: (a) the Defendant had been sentenced to suspended sentence even before the instant case; (b) the Defendant had been punished several times for the same kind of crime including the Defendant’s being sentenced to suspended sentence; and (c) the Defendant did not agree with the victim of the instant crime; (d) the Defendant recognized each of the instant crimes and reflected against the Defendant; (b) the victim was not punished by the agreement with the victim of a special injury; (c) the degree of injury the victim was not much serious; (d) there was no circumstances or change of circumstances that may be newly considered in sentencing after the judgment of the lower court was rendered; and (e) other factors of sentencing as shown in the course of the trial, such as the Defendant’s age, sex, sex, environment, motive and background of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc. were committed, the Prosecutor’s assertion as above is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.