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(영문) 울산지방법원 2016.11.17 2016노556

상해등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and three years of probation, probation, and community service 200 hours) declared by the court below is too unfasible and unreasonable.

2. Each of the instant crimes committed by the Defendant, who inflicted injury on the head of a microperson in a singing room, and received cosmetics amounting to approximately KRW 180 million from the victim in China, but did not send the cosmetics properly to the victim and acquired the amount equivalent to the price of the said goods. In light of the content, method, size, etc. of the crime, each of the instant crimes committed is not less complicated.

Furthermore, since not only the damage of the injured criminal conduct but also the damage of the injured criminal conduct exceeding KRW 100 million is not recovered, the victims want to punish the defendant, and the defendant has committed the same kind of injury even though there was a history of punishment several times due to the past violence, it is necessary to bear strict responsibility against the defendant.

However, it is difficult to view that the sentence imposed by the court below is inappropriate because it is too unreasonable, taking into account the following: (a) the defendant acknowledges his/her mistake and reflects all; (b) the defendant partially supplied cosmetics to the victim of the fraud; and (c) a considerable number of cosmetics that have not been delivered to the victim on the wind that was seized by a customs house could be seen as having been found to exist; (d) the developments leading to the crime and the scope of damage; (b) the degree of injury suffered by the victim is not relatively heavy; (c) the defendant deposited KRW 1 million for the victim of the injury in the trial; (d) the first head judgment in the judgment of the court below should be held simultaneously with the crime for which the judgment of the court below became final and conclusive; and (e) the equity between the cases where the defendant is judged at the

3. In conclusion, the prosecutor's appeal is without merit.

참조조문