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(영문) 울산지방법원 2019.08.29 2019노674
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the accused is a majority of the criminal records of the same kind of violent crime punishment, and in particular, on March 16, 2017, a sentence of six months to imprisonment with prison labor for the same kind of special injury, etc., and two years to imprisonment with prison labor for the same kind of special injury, and again commits the instant crime during the period of probation, the relevant

The degree of injury suffered by the victim (as a result of the instant crime, approximately three weeks of full parts, etc. in need of medical treatment) is significant, such as extracting one head, etc.

On the other hand, the defendant led to the confession of the crime of this case, and the victim recognized the defendant's oppositeness and mistake by making an agreement with the victim in the trial, and submitted a written application seeking the defendant's prior action.

As above, there are various circumstances shown in the records and arguments, including the defendant's age, environment, motive and background of the crime, circumstances before and after the crime, and the scope of the recommended punishment presented by the Sentencing Committee (from February to October, and from this case there are one positive reference reason ("in this case, there are one positive reference reason" ("in which the standards for the suspension of execution of the crime of bodily injury") and one negative reference reason ("in which case, there is an additional reason for the positive reference of "influence"), and there is an additional reason for the positive reference of "influence"), along with the sentencing factors unfavorable or favorable to the defendant], the scope of the recommended punishment according to the sentencing guidelines [Article 1] general injury [Article 1] general injury [including a special person] general injury [including efforts to recover damage] or considerable damage [including the area of recommendation and recommendation], the area of mitigation of punishment, the area of imprisonment to be mitigated], the major injury (including the grounds for mitigation of execution of execution of sentence for a period of not more than three years but not more than five years, the general injury (including the same reason for recovery).]

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