logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.03.11 2015노1608
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized the crime of this case, that the defendant committed the crime of this case in contingency under the influence of alcohol, that the defendant committed the crime of this case, that the victim's injury was not serious, that 30,000 won was deposited for the victim in the trial, etc. are favorable to the defendant.

However, the Defendant did not reach an agreement with the victim up to the trial of the party, and the Defendant had been subject to punishment more than 12 times for the same crime (including three times of suspension of execution) and, in particular, the instant crime was committed on November 27, 2013 by being sentenced to imprisonment for four months by the Eastern District Court of Seoul for injury and two years of suspension of execution, and was committed during the suspension of execution, and the Defendant appears to have failed to throw away violent inclinations, such as huming other prisoners and assaulting them to take a punitive measure of 15 days of suspension, even while he/she was living in prison due to the instant crime.

In full view of the above-mentioned favorable circumstances and unfavorable circumstances, as well as other circumstances, such as the Defendant’s age, sex, environment, family relationship, motive and background of a crime, and circumstances that are conditions for sentencing as shown in the trial process, the lower court’s punishment cannot be deemed unfair due to excessive fault, and 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.

arrow