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(영문) 울산지방법원 2013.11.22 2013노674
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the sentence imposed by the court below (one year of imprisonment and two years of suspended execution, etc.) is too uneased and unreasonable.

2. The judgment of the court below committed each of the crimes of this case again even though the defendant had been punished several times due to the violation of the Punishment of Violences, etc. Act, and there are unfavorable circumstances such as the defendant's failure to receive a letter from the victim E and C, but the defendant agreed at the court below to deposit KRW 2 million for the victim Eul, and the defendant's driver's vehicle was covered by comprehensive insurance, the defendant's error is against his/her own fault, and all other sentencing conditions such as the defendant's age, character, conduct, environment, and circumstances after the crime are considered as a whole. Thus, the 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 as it is without merit. It is so decided as per Disposition.

(However) In accordance with Article 25(1) of the Regulation on Criminal Procedure, the court below’s ex officio in accordance with Article 25(1) of the Regulation on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) added “F” to “J” and “Article 50” to “Article 25(1) of the Regulation on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes within the scope of adding the maximum term of each of the crimes to the punishment prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) with the first sentence “F” to “J”, respectively.

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