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(영문) 울산지방법원 2018.02.01 2017노1597
특수폭행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of suspended sentence in four months of imprisonment) is too unhued and unfair.

2. Circumstances unfavorable to the judgment on the grounds of appeal: The nature of the instant crime is poor.

The defendant has been punished several times for the same crime.

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

The defendant paid one million won to the victim E in the crime of special assault in this case, and the above victim did not want to be punished against the defendant.

The defendants' age and character environment, including the above unfavorable circumstances, favorable circumstances, relationship to victims, motive means of crime, circumstances after crime, etc., various conditions of sentencing and the scope of recommended punishment according to the sentencing guidelines as stated in the arguments and records of this case, including the defendant's age, character and conduct environment, relationship with victims, motive means of crime, and circumstances

(a) Basic crimes: Crimes of special assault [the scope of recommendations] and crimes of violence committed in six types (Habitual, repeated, and special assault) and mitigation area (4 months to one year and two months) (a person who is subject to special mitigation] (a person who is subject to special mitigation of punishment; a person who is subject to special mitigation);

(b) Concurrent crimes: Crimes of assault [the scope of recommended punishment] and the basic area (two months to ten months) (the term of imprisonment) (the term of two months to ten months) of the crimes of assault;

C. In full view of the total amount of imprisonment with prison labor of four months to one year and seven months due to the aggravation of multiple offenses, the lower court’s sentencing discretion imposed on the Defendant was exceeded.

It is not recognized that it is unfair because it is too unfluent enough to be assessed.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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