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(영문) 울산지방법원 2018.06.15 2018노211
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.

2. We examine the judgment: (a) the fact that the victim agreed with the defendant at the lower court and wanted to take the preference against the victim; (b) the equity should be taken into account at the same time with the case of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of the lower court that became final and conclusive; and (c) the fact that the defendant fully recognized and seriously reflects his mistake is favorable to the defendant.

On the other hand, however, the defendant has been punished more than 10 times as violent crimes, and in particular, the defendant committed the crime of this case without being aware of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as indicated in the judgment of the court below, such as the defendant's health status, family relation, age, sexual conduct, environment, and circumstances after the crime. In full view of all the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines as stated in the arguments of this case, such as the defendant's health status, family relation, age, sexual behavior, environment, and conditions after the crime, the sentence of the court below seems to be within a reasonable and appropriate scope, and it cannot

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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