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(영문) 울산지방법원 2018.05.04 2018노209
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (1.5 million won penalty) imposed by the defendant is too unreasonable.

2. The defendant appears to have an attitude of recognizing and opposing the crime, the fact that the following words and behavior of the victim F caused violence, etc. is favorable to the defendant, but the crime of this case is not disclosed in parallel with the Internet and other means to make it possible for the defendant to know within 15 days, even though the defendant is in the position of the president of the E-Housing Association, and has prepared a statement of monthly deposit and withdrawal of funds through six times in total. In light of the contents and circumstances of the crime, it is not easy for the victims to be accused of the crime in light of the contents of the crime and the circumstances, etc., E association members in the court below's trial, which is disadvantageous to the defendant, such as the defendant's age, sex, behavior, environment, family relationship, motive and circumstance of the crime, etc., and other circumstances that are favorable to the defendant, even if considering all the circumstances of the court below, it cannot be deemed unfair for the defendant's punishment to be too unfair. Thus, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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