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(영문) 울산지방법원 2018.01.18 2017노1463
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three months of imprisonment) 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.

The defendant agreed with the victims in the investigation stage, and the victims do not want to be punished for the defendant (the victims submitted a written application that they would not be punished for the defendant in the first instance). The degree of injury suffered by the victims is relatively more severe.

It is clear that the social relationship of the defendant is clear, such as the application of the defendant's will to the defendant's wife.

Unfavorable circumstances: The defendant committed the crime of this case without being aware of the fact that he was under suspension of execution due to the same crime.

The defendant has many records of punishment for the same crime.

All the circumstances of sentencing and the scope of recommended punishment according to the sentencing guidelines, including the above favorable circumstances, unfavorable circumstances, the defendant's age and character environment, relationship to victims, motive means of crime, results of crime, circumstances after crime, etc., as well as the overall conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines (two months to one year).

(a) Basic crimes and concurrent crimes: Crimes of injury [the scope of punishment] general injury (the scope of recommendation] and the mitigated area (two months to one year) (the person subject to special mitigation) shall not be punished;

B. In full view of the total amount of imprisonment with prison labor for two months or one year or six months due to the aggravation of multiple offenses, the lower court’s sentencing discretion imposed on the Defendant was exceeded.

It is not recognized that it is unfair because it is too unaffort enough to be assessed.

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.

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