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(영문) 울산지방법원 2019.02.01 2018노1244
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too unreasonable.

2. Determination is based on the following facts: (a) the degree of injury to the victim is not relatively much severe; (b) the Defendant committed a criminal act in which he/she committed a crime; and (c) the Defendant has no criminal record of the suspension of the execution of imprisonment or a heavier punishment; and (d)

However, the crime of this case is committed in the course of a dispute over the property owned by the defendant's mother, and the liability for the crime is not less than that of the victim, the damage was not made to recover, and the defendant still has not been used by the victim, and there are many criminal records of the same kind, and there are other circumstances unfavorable to the defendant, such as the defendant's health status, economic circumstances, age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, change of circumstances after the sentence of the judgment of the court below, etc., it cannot be deemed that the sentence of the court below appears to be reasonable and appropriate, and is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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

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