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(영문) 울산지방법원 2015.05.08 2014노1183

폭력행위등처벌에관한법률위반(공동상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unfair.

2. The crime of this case was committed by the defendant beyond the floor to inflict an injury on the defendant for six weeks, and the crime is not good in light of the degree of such injury, and the defendant's wife C who did not have an excessive degree of participation in the crime was finally ordered to order a fine of one million won against the defendant. It is an unfavorable circumstance to the defendant.

However, in full view of the fact that the Defendant recognized all of the instant crimes, the instant crime was committed, the victim was committed, and the Defendant deposited 3 million won for the victim. D’s witness of the lower court, the victim of the instant crime, did not want to punish the Defendant, and the Defendant did not have the same kind of power as a fine once, and the said fine was imposed in 1977 prior to approximately 37 years, and the above fine was imposed in 197, and all the sentencing conditions as shown in the instant records and trial process, including the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance after the crime, etc., the prosecutor’s assertion is without merit, and thus, it is deemed that the Defendant’s sentence imposed by the lower court is unreasonable.

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