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(영문) 울산지방법원 2018.01.18 2017노1502
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

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

2. Circumstances unfavorable to the judgment on the grounds of appeal: The instant crime committed by the Defendant and the victims in relation to the operation of the company, resulting in conflict of opinion between the victims, and the Defendant brought the victims out of the office by putting the dubbage of the victims so that the victims may not attend the board of directors; the Defendant gets off the office so that the victims may not attend the board of directors; and the victim E, by cutting off the blag belt and cutting off the boome E, etc., is an injury requiring approximately two-day medical treatment; and the crime is not good as it causes injury to the victim F, which requires approximately three-day medical treatment.

The accused has been punished once by imprisonment with prison labor and three times by fine for violent crimes.

The favorable circumstances: After the defendant was detained on the date of the original judgment, the defendant recognized all of the crimes of this case and expressed his attitude to reflect.

After the pronouncement of the judgment of the court below, the defendant did not want to punish the defendant.

The defendant's age and character environment, including the above unfavorable circumstances, favorable circumstances, relationship to victims, motive means of crime, circumstances after crime, etc., various conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines as stated in the arguments and records of this case, including the defendant's age, character and conduct environment, relationship to victims, motive of crime, and circumstances

(a) In the mitigated area (two months to one year), each of the crimes of bodily injury (the scope of recommended punishment) (the term "person subject to special mitigation" / [the term "person subject to special mitigation" / [the term "person subject to special mitigation] of the general injury to the victim of violent crimes;

B. In full view of the total sum of imprisonment with prison labor of two months or one year and six months due to the aggravation of multiple offenses, the sentence imposed by the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

【Re-Appellant】

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