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(영문) 울산지방법원 2020.03.31 2020노61
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year of imprisonment and confiscation) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the defendant shows the attitude of recognizing and reflecting the crime of this case; (b) the victims do not want the punishment of the defendant; and (c) the victims D are present at the trial court and seeking the defendant's preference.

However, in the past, even though the defendant had been subject to punishment several times for the same crime, such as injuring women's relatives, etc., in the past, the special injury among the crimes in this case was committed after the arrest of the victim D by assaulting the victim D, and immediately after the release of the crime, as well as immediately after the arrest of the victim D by the victim D's report, and the crime was not bad, and the degree of injury suffered by the victim D is not easy, and the risk of recidivism seems to be high in light of the criminal records of the defendant, and all the sentencing conditions in the arguments in this case, such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., are too unreasonable.

Therefore, 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 since the defendant's appeal is without merit. It is so decided as per Disposition.

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