(영문) 울산지방법원 2018.12.07 2018노980 | 리걸엔진

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(영문) 울산지방법원 2018.12.07 2018노980

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the fine of 600,000 won) is too unreasonable.

2. The following are the circumstances that are favorable to the Defendant: (a) the Defendant is a contingency and contingent crime; (b) the Defendant reflects in depth the mistake while committing the crime while committing the crime; (c) the victims agree with the Defendant at the investigative agency and the lower court; and (d) the Defendant does not want to punish the Defendant; and (d) the Defendant’s family members want to have a preference against the Defendant.

On the other hand, in light of the background of each of the crimes in this case, the method of crime and the risk of the means of crime, the part of the injury, the location and degree of the main disturbance, and the attitude of the act, etc., there are significant circumstances against the defendant, such as the punishment of the same kind of crime, there are many records of criminal punishment, and repeated crimes during the period of repeated crime, etc. In addition, comprehensively taking account of all the sentencing conditions shown in the arguments in this case, such as the defendant's economic situation, age, sex, environment, circumstances after the crime, whether there was a change in circumstances after the sentence of the lower court, the lower court appears to be within a reasonable and appropriate scope, and it cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Provided, That in the case of imprisonment with prison labor for special injury in the judgment of the court below as to “the reduction of the amount of punishment for one day” in the part of “the application of the law of the court below” is obvious that it is a clerical error in “the imprisonment with prison labor”, and thus, ex officio correction is made in accordance with Article

참조조문

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