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(영문) 울산지방법원 2017.11.09 2017노1167

상해

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of probation, two years of probation observation order, and one hundred hours of community service order in six months) imposed by the court below is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

In the investigation stage, the victim does not want to be punished against the defendant by agreement with the victim.

D. Unfavorable circumstances: The instant crime was committed against the injured party while the injured party was carrying out the work of unloading the cargo.

“Along with the victim’s horses, the Defendant, who was wraped with the victim, inflicted an injury on the victim, such as a combination of fladders on the left-hand side of the luminous bones part requiring approximately four weeks’ treatment, and thus, is not good.

There are many records of criminal punishment for violent crimes.

In light of the aforementioned favorable circumstances, the Defendant’s age, character and behavior environment including unfavorable circumstances, relationship with the victim, motive means of crime, results of crime, circumstances after crime, etc., various sentencing conditions indicated in the arguments and records of this case, and the scope of recommended sentences according to the sentencing guidelines (the type of imprisonment between February and year / [the type] (the person who is subject to special mitigation] under the first type [the person subject to special mitigation] [the scope of recommended punishment] under the mitigated area of punishment (the scope of punishment between February and year 1), it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. 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.