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(영문) 울산지방법원 2019.08.29 2019노758
폭행치상
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date of the final judgment.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The degree of injury suffered by the victim due to the instant crime (around 12 weeks of treatment) is considerably heavy, and the Defendant’s liability for the crime is not minor.

However, the defendant recognized all of the crimes of this case, and in the trial of the party, the victim did not want the punishment of the defendant by paying 11 million won.

There is no record of crime except for those subject to a disposition of suspension of indictment on around 2014 by violence, etc. one time.

As such, all of the sentencing conditions shown in the records and arguments of this case, such as the character and conduct, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (in this case, from April to two years of imprisonment, and from this case, the two positive reasons for the suspension of execution of the crime of assault and injury (including “no criminal punishment history,” and “unlimited efforts for recovery of damage”) are set forth).

1. Scope of punishment by law: Imprisonment with labor for one month to seven years;

2. The scope of the recommended sentence according to the sentencing guidelines [the decision of a sentence] used for assault and injury [the second sentence] - The mitigated element (including a serious effort to recover damage) or where considerable damage has been recovered from the sources of punishment (including a serious effort to recover damage): The aggravated element: In full view of the basic area of serious injury (the scope of the recommended area and the recommended punishment) [the scope of the recommended area and the recommended punishment], the period from April to two years (the grounds for suspension of execution] - The major pride reasons for suspension of execution are without criminal records, and it is unfair that the sentence imposed by the court below is too unreasonable.

Defendant’s assertion is with merit.

3. If so, the defendant's appeal is reasonable. Thus, Article 364 of the Criminal Procedure Act is applicable.

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