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(영문) 울산지방법원 2016.11.04 2016노1327
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant filed each appeal on the grounds that the lower court’s sentence is too unfluent and unreasonable, on the grounds that the sentence (a fine of KRW 4,000,000) declared by the lower court is too unreasonable.

2. The crime of this case on board was committed by the Defendant twice as the victim refused the request of the Defendant that he gets off the taxi, and the victim was assaulted twice on the floor of drinking and hand. In light of the circumstances leading up to the crime, method of the crime, etc., the Defendant was not guilty, and the Defendant had been punished for violent crimes 28 times prior to the instant case (one time of actual punishment, three times of suspended execution, and 24 times of fine), etc. that were disadvantageous to the Defendant.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant's mistake is recognized and reflected, that the defendant's alcohol dependence appears to have caused the crime of this case, and that the defendant's health status is not good.

In full view of the above circumstances and the Defendant’s age, family relation, criminal record, character and conduct, environment, means and method of committing the crime, motive and circumstance of the crime, and all the sentencing conditions as shown in the argument of the instant case, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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