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(영문) 울산지방법원 2018.10.12 2018노655

상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. Although the Defendant was punished for the same violent crime, the Defendant did not take weight during the period of repeated crime and did not take part in the crime of this case, the degree of injury suffered by the victim is not less than that of the victim, and the Defendant did not agree with the victim until now shows an attitude unfavorable to the Defendant. On the day of this case, the Defendant was under the influence of both the Defendant and the victim was under the influence of alcohol, and the victim was partly responsible for the inducing of the case, such as age, sex, sex, home environment, motive and background of the crime, means and consequence of the crime, etc., and other various sentencing conditions shown in the argument of this case, such as the Defendant’s age, sex, home environment, motive and consequence of the crime, etc., it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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 appeal is without merit. It is so decided as per Disposition.