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(영문) 울산지방법원 2017.08.10 2017노692

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of probation, two years of probation observation order, and 80 hours of community service order in six months of imprisonment) imposed by the court below is too unreasonable.

2. The circumstances favorable to the judgment: The defendant shows an attitude to recognize and reflect the crime of this case.

The degree of injury inflicted on the victim of this case is relatively minor.

In the investigation stage, the victim does not want to be punished against the defendant by agreement with the victim.

Unfavorable circumstances: Crimes of this case are inferior to the nature of crimes.

Defendant has been punished for the same kind of crime.

In light of the following circumstances, including the above favorable circumstances, the Defendant’s age, character and conduct environment, relationship with the victim, motive means of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the arguments and records of the instant case, and the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment from February to one year [the scope of the punishment] general injury (the scope of the punishment from February to one year], the mitigation area (the special mitigation person] [including the case where a special mitigation person] is not subject to punishment (including a serious effort to recover damage) or considerable damage), it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.