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(영문) 울산지방법원 2018.05.17 2018노269
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The fact that the defendant recognized the crime of this case and reflected, the fact that the defendant agreed with the victim, and the defendant seems to need continuous medical treatment due to the problems of impulses caused by drinking alcohol.

A. Unfavorable circumstances: (a) the Defendant committed the instant crime of the same kind, even though he/she was sentenced to a punishment due to a crime related to violence, in particular, by obstructing his/her duties, and was detained and sentenced to a fine due to the crime of the same kind during the period of repeated crime, and thus, is deemed to have committed the instant crime of the same kind; (b)

It is difficult to see that there was a purpose of retaliation for the crime of interference with the business of this case, such as prohibiting the police from reporting the victim to the police prior to finding the victim because the defendant was investigated by the police for the crime of destruction of property.

As seen, the nature of the crime is inferior, and the victim is deemed to have satisfed with severe fear due to the crime in this case.

In light of the above-mentioned circumstances, including the defendant's age, sexual conduct, environment, family relation, motive, means, consequence, etc. of the crime, all the sentencing conditions as shown in the arguments and records of this case, and the scope of recommended punishment according to the sentencing guidelines, such as the circumstances after the crime, etc., as well as the aggravated area (i.e., special mitigation (i., year to three years) (i., year and June) of the aggravated area (i.e., special mitigation) of the aggravated area (i., motive for the crime that may be subject to punishment, (ii) special mitigation area of the special mitigation area of the same type (i.e., damage of property) of the same repeated crime (i., January to June): In cases where actual damage is insignificant, the final sentencing scope according to the aggravated total of the punishment sources: in full view of the circumstances that the court below sentenced the defendant in 1 to September and September of the same year, it is not recognized that the sentence of the defendant is too unfair because it is too unreasonable.

3. The appeal by the defendant is justified.

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