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(영문) 울산지방법원 2018.11.09 2018노937
특수상해
Text

The defendant's appeal is dismissed.

Reasons

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

2. Determination Doctrine and contingent crimes are committed, and the Defendant is closely reflecting the wrongs while committing a crime, etc. are favorable to the Defendant.

On the other hand, the crime of this case was committed by the defendant due to the injury of the victim caused by the injury of the victim's head due to the injury of the victim. In light of the method of the crime, the danger of the means of the crime, the part of the injury, etc., the nature and circumstances of the crime are poor. The defendant committed the crime of this case during the period of repeated crime of the same crime even though he had committed three criminal offenses, such as the defendant committed the crime of this case, and the victim wanted to punish the defendant's severe punishment, and there are other circumstances unfavorable to the defendant. In full view of all the sentencing conditions shown in the argument of this case, such as the defendant's economic situation, age, sexual behavior, environment, circumstances after the crime, and whether there was a change in the situation after the sentence of the court below is sentenced, it cannot be said that the punishment of the court below is within reasonable

Therefore, 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.

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