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(영문) 울산지방법원 2015.04.24 2014노1154

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (eight months of imprisonment, two years of suspended execution, two years of probation) is too unhued and unfair.

2. Each of the instant crimes is deemed to have caused injury to the victim by repeatedly using violence, such as drinking or exposing the face and body of the victim, which is the front offender. In light of the background and content leading up to the instant crime, and the method of the commission of the crime, etc., the victim was hospitalized from April 22, 2014 to November 24, 2014 due to the Defendant’s uneasiness, etc., the victim was hospitalized due to an uneasiness, etc.; the Defendant was 4 times criminal records of the same violence; the Defendant denies most of the crimes; and the Defendant did not repay damage therefrom, there is a need for more severe punishment.

However, in full view of the following facts: (a) the Defendant is receiving medical treatment due to alcohol dependence and heart color; (b) after 2013, the Defendant and the victim appears to have resolved the marriage relationship and have been living for each person; (c) deposited KRW 3 million for the victim; and (d) other factors of sentencing in the instant case, including the Defendant’s age, character and conduct, and circumstances before and after the commission of the crime, etc., and all of the sentencing conditions of the instant case as shown in the trial process, the Defendant’s sentence imposed by the lower court is too unjustifiable

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