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(영문) 울산지방법원 2017.02.10 2016노2100
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment, two years of suspended execution, etc.) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized and reflected his mistake, the fact that the degree of injury suffered by the victim was not much serious due to the instant crime, and the fact that the Defendant agreed smoothly with the victim, etc.

However, the court below seems to have determined punishment in consideration of all the above favorable circumstances. Since the crime of this case is likely to have been committed by the defendant, the defendant's wife requested the victim to have a marital relationship, but refused it, the victim was faced with garbage to the victim in the process of disputing facts that are not large enough for others, and the victim was faced with bodily harm that requires two-day medical treatment. In light of the circumstances of the crime, methods and patterns of the crime, etc., the crime is not good, and the crime of domestic violence such as this case is highly likely to be committed repeatedly over a long period because it is difficult for the victim to be exposed to outside due to its characteristics, and thus, it seriously damages the peace of the family, which is the foundation of sound society, and thus, it is necessary to punish the defendant with severe punishment, and it was also necessary to have been sentenced once to a fine under the same kind of crime, and the defendant's motive and circumstance of the crime of this case, such as property damage, etc., 30 months or more, and 10 months or more.

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