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(영문) 울산지방법원 2019.02.21 2018노1231

특수폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The circumstances favorable to the defendant are as follows: (a) the confession of the instant crime and reflects the Defendant’s criminal act; (b) the person against whom the Defendant’s attempted to appeal against the Defendant; (c) the Defendant complained of and edification the Defendant’s wife; (d) the Defendant is supporting the mother of old age alone; and (e) the Defendant’s intent to improve personality and behavior, such as treating alcohol addiction, is peeped to a certain extent.

However, the Defendant committed the instant crime under the influence of alcohol, and committed several assaults against the victim who was aware of the instant crime, due to an empty beer, which is an object dangerous to the victim as a customer, and the nature of the instant crime is not very good. In particular, the Defendant was sentenced by the Ulsan District Court on June 9, 2017 to be sentenced to imprisonment with prison labor for the purpose of obstruction of performance of official duties, and on October 5, 2017, at the Ulsan District Court, for April 2017, the Defendant committed the instant crime. The Defendant committed the instant crime even during the period of repeated offense after the execution of the sentence was completed, and the Defendant appears to have committed violence, and even in the past, the Defendant appears to have committed violence, such as the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, its means and consequence, and all other circumstances that led to the instant crime, and thus, did not seem to be unreasonable.

3. In conclusion, the defendant'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.