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(영문) 울산지방법원 2017.01.19 2016노1874
상해등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for one year and by a fine of 600,000 won.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment and fine of 600,000 won) is too unfair.

B. The Prosecutor’s sentence that the lower court sentenced the Defendants (one and half years of imprisonment for Defendant A and a fine of 600,000 won for Defendant A, and a fine of 2 million won for Defendant B) is too uneased and unreasonable.

2. Determination

A. In light of the content, circumstance, frequency, etc. of each of the instant crimes committed against Defendant A and the Prosecutor, the nature of the crime is not weak, and the Defendant repeatedly committed several offenses, such as assault, obstruction of duties, obstruction of performance of official duties, etc. even after being investigated as a result of an injury to Defendant A, and the Defendant again committed each of the instant crimes even though he/she had been punished several times due to the past violence-related crimes and obstruction of performance of official duties, etc., which are disadvantageous to the Defendant.

However, the fact that the defendant is both recognizing and opposing the defendant's mistake, that the injured victim B does not want the punishment against the defendant, that the defendant deposited one million won for the victim of the assault in the course of the original trial, that the defendant agreed with the victim of the assault in the course of the judgment of the court below, that the defendant recognized his violent tendency and improved his character and behavior through the mental and treatment of the victim, that the defendant is taking advantage of his own violent tendency, and other various sentencing conditions as shown in the records and arguments, including the defendant's age, sex and environment, and the circumstances after the crime, etc., as well as various sentencing conditions shown in the Supreme Court's sentencing guidelines (for not less than 6 months) Nos. 1 and 2 (Obstruction of Execution of Official Duties) [the scope of the recommended punishment] of the basic area (for six months to one year and four months) [no special sentencing person] [no special sentencing person] [3] of the crime (for example, one year to one year and one year and one year and one year and one] of the special sentencing areas of the injury.

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