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(영문) 울산지방법원 2017.07.13 2017노689
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

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

2. Circumstances unfavorable to the judgment on the grounds of appeal: Each of the crimes in this case committed by the defendant while driving alcohol without a license while driving the bus, and causing injury to the passengers of the bus, the nature of the crime is very poor.

The favorable circumstances shows the attitude of the defendant to recognize and reflect each of the crimes in this case.

At the trial of the party, the Defendant agreed to provide the victim D with KRW 2.5 million for the crime of special intimidation, and paid KRW 3.5 million to the victim F of the crime of the injury of this case, and the said victims did not want to be punished against the Defendant.

It seems that the adaptation disorder suffered by the defendant was one of the causes of each of the crimes in this case.

All the circumstances of sentencing and the scope of recommended punishment according to the sentencing guidelines, including the above unfavorable circumstances, favorable circumstances, the defendant's age and character environment, relationship to victims, motive means of crime, results of crime, circumstances after crime, etc., as well as the overall conditions of sentencing and the scope of recommended punishment according to sentencing guidelines

(a) Basic crimes (special intimidation) / [Determinations of types] / Types 4 (Habitual, Cumulative, and Special Intimidation) / [Special Sentencing Persons] / The punishment is not permissible, and motive to criticize / [Scope of recommended punishment] 6 months from 6 months to 1 year and 6 months (basic area)

(b) Concurrent crimes (the type of injury) [Determinations] : Group 1 (General Bodily mitigated Persons) (Specially mitigated Persons) / Non-wons for punishment, and motive for committing a crime to criticize (the scope of recommended punishment) / [the scope of recommended punishment] from April to one year and six months (the basic area).

(c) No sentencing criteria are set for any violation of traffic laws on roads or any violation of traffic laws on roads;

D. In full view of the total amount of imprisonment with prison labor for not less than six months according to the standards for handling multiple crimes, the sentence imposed by the court below shall be imposed on the defendant.

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