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(영문) 울산지방법원 2020.01.16 2019노1027

특수상해

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant committed the instant crime by assaulting the victim’s face, knee, knee, etc. with the shot bar and skn beam, which is a dangerous object on the ground that the victim dices her former female-friendly body and drinking alcohol, and causing a relatively serious injury to the victim in light of the circumstances of the instant crime, attitudes, and methods, etc., where the victim is in need of four weeks of medical treatment. It is not very good that the Defendant committed the instant crime in light of the following: (a) the victim’s face, knee, knee, etc.

Despite the suspension period due to the same type of crime such as joint injury, it has come to the crime of this case, and it is highly likely to criticize the victim because it has not been used by the victim.

However, when the defendant was found to have been guilty, the defendant led to confession of the crime of this case and led to his mistake.

In addition, there seems to be some aspects of the breathbing case law, such as the parents are divorced and actually responsible for the family's livelihood, and the family's absence seems to suffer economic difficulties due to the absence of the defendant.

As such, taking into account the unfavorable or favorable circumstances to the defendant, various circumstances that form the conditions for sentencing as shown in the records and arguments, such as the age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the scope of statutory penalty (one year to five years of imprisonment) and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission (one year to three years of imprisonment) of the Supreme Court Decision (one year).

1. Scope of punishment by law: Six months to five years of imprisonment;

2. The scope of the recommended punishment according to the sentencing guidelines [decision of types] of violent crimes [Type 1] Special Injury (Special Bodily Inflicting Person] Special Injury (excluding Special Bodily Inflicting Person): Aggravation (excluding the scope of recommending area and recommending punishment] increased area, imprisonment with labor for one year to three years, the sentence of the court below is somewhat unreasonable.