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(영문) 울산지방법원 2020.06.04 2019노739 (1)
특수상해등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

1. The main sentence of the grounds for appeal is too uneasible and unreasonable.

2. The fact that the defendant's participation in the crime of joint injury is relatively minor compared to co-defendants, and that he/she confessions as to the crime of obstruction of business, etc. are favorable to the defendant.

However, taking account of the circumstances unfavorable to the Defendant, such as the Defendant’s age, character and conduct, family relationship, motive, means and consequence of the crime, and all of the sentencing conditions in the pleadings of the instant case, such as the circumstance after the crime, etc., the lower court’s punishment is deemed to be too unreasonable and unreasonable, considering the following: (a) the Defendant committed each of the instant crimes without being aware of the offender during the period of repeated crime; (b) consistently denying the Defendant’s defense with respect to the co-injury crime; (c) the Defendant appears to have never shown any doubt as to the same criminal records; (d) many criminal records appear to have high risk of recidivism

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the part of the judgment of the court below against the defendant shall be reversed, and the following decision shall be rendered

[Discied Judgment] The summary of facts constituting an offense and a summary of evidence is as stated in each corresponding column of the judgment below.

Application of Statutes

1. Article 2 (2) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) 1 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury, the choice of imprisonment), and Article 314 (1) of the Criminal Act (the point of interference with business and the choice of imprisonment);

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing among concurrent crimes: The reason for sentencing (within the scope of adding up the long-term punishments of the crimes of violation of the Punishment of Violences, etc. which are heavier than the punishment) under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Scope of applicable sentences under law: One month to 31 years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Punishment of Violences, etc. Act (joint injury)] (Determination of types] and violent crime;

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