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(영문) 울산지방법원 2020.08.20 2019노1360

특수상해등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for two years.

except that from the date of this judgment.

Reasons

1. The summary of the grounds for appeal is too minor for the original judgment.

2. On the day of the instant crime, the Defendant assaulted the victim solely on the ground that the victim neglected his/her reputation, and subsequently, the victim went out of the place where he/she caused the Defendant’s assault.

In case of returning home, the victim is able to die, and the part of the loss of the victim with kitchen knife and over-road have been violated, or the victim's hand floor has been faced with the crime of this case where the victim needs to be treated for four weeks.

While committing a crime, the Defendant seems to have tried to keep the victim in a kitchen and transition several times, and the Defendant seems to have expressed that he has a face-to-face talking part of the victim's sound, and that the method of committing a crime is very excessive, and the result is not easy, and the victim is likely to suffer a serious injury.

Although the victim submitted an application for no punishment against the defendant at the court below, the victims of ordinary domestic violence are not well aware of the seriousness of the crime due to the establishment of a community with the perpetrator, or are placed in an inevitable situation where the perpetrator cannot be able to take advantage of the perpetrator due to fear of retaliation, fear of retaliation, livelihood problems, etc., so prudentis in interpreting the above declaration of intent.

Therefore, even when considering the favorable circumstances such as the defendant's motive, method, and consequence of the crime of this case where all the defendant recognized the crime of this case, the defendant seems to have never used violence against the victim before the crime of this case, and the defendant's death after the sentence of the court below was rendered, considering the favorable circumstances such as the defendant's motive, method, and consequence of the crime of this case, the punishment imposed by the court below against the defendant is too uneasible and thus it is unreasonable to re-determine the punishment.

3. Conclusion Prosecutor.