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(영문) 울산지방법원 2018.11.09 2018노876
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The crime of this case was committed in light of the following facts: (a) the crime of this case was committed in the form of so-called 'brupt violence'; (b) the nature of the crime was very poor, such as intrusion upon the victim's residence; (c) threatening the victim in knife; and (d) the victim's suffering seems to be considerable mental shock; (b) the defendant appears to have committed an unfavorable act against the defendant; (c) the court below deposited KRW 2 million for the victim; (d) made a deposit of the victim in the court below; and (e) agreed to compensate for part of the damage to the victim; (d) there was no history of punishment exceeding the same criminal record and fine; and (e) there was no other history of punishment exceeding the same criminal record and fine; and (e) the various sentencing conditions as shown in the argument of this case, including the motive and background of the crime; (e) the means and consequence of the crime; and (e) the application of the sentencing guidelines of the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 257(1) of the Criminal Act (the point of harm), Article 366 of the Criminal Act, Articles 284 and 283(1) of the Criminal Act, the choice of imprisonment with prison labor, respectively;

1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the heavier punishment);

1. Article 62(1) of the Criminal Act (the grounds for appeal)

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