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(영문) 울산지방법원 2017.06.29 2017노526
상해
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the judgment: The defendant shows an attitude to recognize and reflect the crime of this case.

Unfavorable circumstances: Crimes of this case are inferior to the nature of crimes.

The defendant has a record of being punished once a suspended sentence and once a fine due to the same crime.

The injured person wanted to punish the defendant.

In light of the aforementioned favorable circumstances, the Defendant’s age, character and conduct environment including unfavorable circumstances, relationship with the victim, motive means of crime, results of crime, etc., various sentencing conditions indicated in the arguments and records of this case, and the scope of recommended sentences according to the sentencing guidelines (the period of four months to one year and six months) / [the scope of recommended punishment] general scope of injury to violent crime / [the scope of recommended punishment] basic area (the period of four months to one year and six months), it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. 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.

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