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(영문) 울산지방법원 2017.08.17 2017노701
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the judgment: The defendant shows his attitude to recognize and reflect the crime of this case.

The defendant is the first offender.

D. Unfavorable circumstances: The degree of the assault of this case is not easy.

The sentencing criteria shall not apply to the case where the defendant's age, character and behavior environment including the above favorable circumstances, the relation to the victim, the motive of the crime, the result of the motive of the crime, the circumstances after the crime, etc., and the decision of the court below as shown in the records are selected.

In full view of the foregoing, the lower court’s sentence imposed on the Defendant deviates from the sentencing discretion.

It is not recognized that it is unfair because it is too unaffort enough to be assessed.

3. 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.

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