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(영문) 울산지방법원 2018.08.23 2018노97

상해

Text

The defendant's appeal is dismissed.

Reasons

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

2. As to the grounds of appeal, the Defendant recognized the instant crime and reflects the depth thereof, and since long years have not yet passed after the instant crime was committed, the fact that the victim submitted a written application that does not want the punishment of the Defendant several times in consultation with the victim by paying medical expenses, etc. to the victim is favorable to the Defendant.

The crime of this case was committed by the defendant due to disregarding the victim of the denial of the mother-friendly relationship in the past. Accordingly, the victim was found at the end of one year after the decision to be subject to the death of female-friendly relationship, and the motive for the crime of this case was considerably poor. The victim suffered bodily injury such as tear, etc. within the left side of the 12 week medical treatment. The victim suffered significant injury due to the crime of this case. The defendant is a person with the 3 short lethm of Taekwondo, etc., and the defendant was a person with the lethm of alcohol, etc., and considering the age and physical conditions of the defendant and the victim, the possibility of further damage could not be ruled out. In particular, the defendant was punished as a crime of violence, such as obstruction of performance of official duties, which was committed during the suspension period of execution due to obstruction of execution of official duties, and in particular, the defendant was not prosecuted by the prosecution, and the defendant was sentenced to a fine due to property damage, etc., and the defendant was not subject to punishment for the crime of this case.

The above favorable circumstances, the defendant's age, sex behavior, environment, family relation, motive, means, result, etc. of the crime, and all the sentencing conditions and records, including the circumstances after the crime, are included.