logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.12.22 2016노1379
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, and probation) declared by the court below is deemed to be too unfortunate and unfair.

2. In light of the content and circumstances of the instant crime, the degree of injury suffered by the victim, etc., the crime is not less complicated, and the Defendant has been punished several times due to the same kind of crime in the past, and the Defendant still did not reach an agreement with the victim, it is necessary to impose a strict liability on the Defendant.

However, considering the following factors: (a) the Defendant recognized his mistake and reflects the Defendant; (b) the Defendant appears to have paid part of the medical expenses to the victim during the investigation process; and (c) the Defendant’s age, character and conduct and environment, and various conditions of sentencing as shown in the arguments and the scope of recommendations according to the sentencing guidelines of the Sentencing Committee of the Supreme Court (two months to one year and six months), it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow