(영문) 울산지방법원 2016.05.20 2016노152 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2016.05.20 2016노152

상해

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal was that the Defendant filed each appeal on the grounds that the lower court’s punishment is too unfasible and unfair, on the grounds that the Defendant was too unfasible (six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) imposed by the lower court.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized and reflected the instant crime; and (b) the Defendant made efforts to recover damage, such as deposit of KRW 4 million at the original instance for the victim in a situation where the economic situation is not good for a recipient of basic living, and deposit of KRW 2 million at the first instance trial.

On the other hand, the crime of this case was committed by the defendant as a traffic problem of the vehicle and caused serious injury to the victim's face, who is the other driver, by taking the victim's face as head, and requiring six weeks' medical treatment. In light of the background, result, etc. of the crime, it is very significant that the crime is committed, since it did not reach an agreement with the victim, the victim still wishes to punish the defendant, one time a sentence imposed on the defendant due to the violation of the Punishment of Violences, etc. of the same kind of crime, two times a fine, and two times a fine for the crime of injury, etc., which is disadvantageous to the defendant, and again committed the crime of this case.

In full view of the above circumstances as well as the Defendant’s age, family relation, criminal record, sexual intercourse, environment, means and method of committing a crime, motive and circumstance of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is 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.

참조조문

-폭력행위 등 처벌에 관한 법률

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