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(영문) 울산지방법원 2017.03.24 2016노2210

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) the Defendant appears to have committed contingent crimes under the influence of alcohol; (c) the degree of injury to the victim is minor; and (d) the victim does not want to be punished for the Defendant; (c) the Defendant does not have any history of punishment for the same kind of crime; and (d) the Defendant is not capable of economic situation as the

The crime of this case is committed on the ground that the defendant, the head of his house, she gets off the victim's face by drinking the victim's face, and then going beyond the victim, followed the victim's side gate, and made verbal injury in need of approximately two weeks of treatment in light of the details of the crime, the method of the crime, and the attitude of the crime, etc., which are disadvantageous to the defendant.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. Thus, the defendant’s assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.