beta
(영문) 울산지방법원 2016.10.14 2015노717

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (4 million won of fine) is too large.

2. Although the judgment of the court below is divided into and contradictory to the defendant's mistake, the crime of this case is committed on two occasions, and the crime of this case is committed by the defendant who assaulted the victim two or more occasions and caused injury requiring medical treatment of two or five weeks, and the nature of the crime is not good in light of the method of crime and the degree of damage, and it is not sufficient to agree with the victim up to the trial, and there are several records of criminal punishment, including two times of suspended sentence due to violent crimes in the past, and there is no circumstances or change of circumstances that may be newly considered in sentencing after the decision of the court below was rendered, and other various sentencing factors as shown in the trial process such as the defendant's age, character and behavior, home environment, motive and circumstance of the crime, the means and consequence of the crime, the circumstances after the crime, etc., and thus, the defendant's assertion of unfair sentencing cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.