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(영문) 울산지방법원 2015.09.04 2015노549
폭행치상
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime; (b) there are some circumstances that may be taken into account the developments leading to the instant crime; and (c) the fact that the Defendant has no record of being punished for the same kind of crime.

However, the crime of this case was committed on the ground that the victim did not work in front of the defendant's shop and interfere with business, and thus, the defendant who caused the victim to suffer injury requiring approximately four weeks of medical treatment by assaulting the victim, and the nature and result of the crime are not weak. The defendant did not make a serious effort to pay damages to the victim, and the defendant did not reach an agreement between the defendant and the victim up to the trial, and the damage was not recovered, etc. are disadvantageous to the defendant.

In full view of the above favorable circumstances and unfavorable circumstances, and other circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, and circumstances after the offense, etc., as seen above, the lower court’s punishment cannot be deemed unfair because it is too unreasonable. 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 ground that it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25 of the Rules on Criminal Procedure, Article 262 and Article 260(1) of the Criminal Act shall be corrected to “Articles 262, 260(1) and 257(1) of the Criminal Act” in Article 262, 260(1), and 257(1) of the Criminal Act.

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