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(영문) 울산지방법원 2018.02.02 2017노1629
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

The defendant shows the attitude of recognizing and opposing the crime of this case in the trial of the party, the fact that the defendant deposited 5 million won for the victim in the court below, and that the defendant has no record of being punished for the same crime, etc. shall be considered as favorable circumstances.

However, the crime of this case constitutes a crime falling under the so-called “etrob violence,” which caused an injury requiring medical treatment for about 42 days by maring the victim’s head, brutly assaulting the victim’s name, brut, etc., and causing an injury for which medical treatment for about 42 days was conducted, and in light of the fact that the method of crime was considerably weak, etc., the issue is not easy, and that the victim did not receive a letter from the victim up to the heart is disadvantageous to the defendant.

In full view of the above favorable circumstances, such as the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and other circumstances that form the conditions for sentencing as shown in the pleadings, such as the circumstances before and after the instant crime, the lower court’s punishment is too heavy or unfasible, and thus, it does not seem unfair. Therefore, the above assertion by the Defendant and the Prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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