logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2019.01.17 2018노1106
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

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

2. The circumstances that are disadvantageous to the Defendant are the following: (a) the victims did not have been urged from the victims of the judgment on the grounds of appeal; and (b) it is difficult to deem that there were special efforts to recover from damage; and (c) the same kind of assault

However, the following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) submitted the rebuttals several times; (c) the thief was a small amount of theft damage; and (d) the Defendant appears to have suffered alcohol dependence on the instant crime by failing to coordinate impulses; (b) the Defendant appears to have a certain degree of impact on the instant crime; and (c) efforts to improve his inclinations, such as hospitalization at hospital for alcohol dependence treatment.

In addition, when examining the defendant's age, character and conduct, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, conditions of sentencing as shown in the arguments and records, such as circumstances after the crime, etc., and sentencing guidelines [No person shall be punished in the basic area (from April to January 1), in the basic area ( from April to June), in the special sentencing area (from April 1 to June), in the second crime (thie) in the special mitigation area (from April to January 6), in the second crime (thie) in the special mitigation area (from April to one year), in the special mitigation area: in the case of intrusion into places outside the living space, in the case of living type, indoor residential space (second category), in the final sentencing area from April to February 3: the scope of punishment imposed by the court below is too unreasonable. Thus, the defendant's argument in the grounds for appeal is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

【Reason for the Judgment of the Supreme Court】 Criminal facts and summary of evidence recognized by the court, and their related facts.

arrow