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(영문) 울산지방법원 2017.08.31 2017노766
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of probation, two years of probation observation order, and one hundred and twenty hours of community service order in October) is too unreasonable.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

The defendant deposited KRW 1.5 million in the court below to recover the damage of the victim.

The crime of this case was committed on the ground that the victim was frightened by the defendant, who was frightener than the defendant, and the victim was frightened by the defendant, and the victim was frightened by a person who was a minor at around 02:0, human resources around 02:0, and the crime of this case was committed on the ground that the victim was frightened by a non-discriminatory violence against the victim while the behaviors of the defendant were frightened, and thus,

The legal representative of the victim wanted to punish the defendant.

The defendant has been punished once by a fine for the same kind of crime.

In full view of the aforementioned favorable circumstances, including the Defendant’s age, character and conduct environment, relationship with the victim, motive means of crime, result of crime, circumstances after crime, etc., various sentencing conditions as shown in the arguments and records of the instant case, and the scope of recommended punishment according to the sentencing guidelines (type of imprisonment from April to June 1] (the scope of recommended punishment) (the scope of general injury) (the scope of recommended punishment), and the basic area of punishment (from April to June 6) (the scope of imprisonment with prison labor) (the scope of recommended punishment). In full view of the following factors: (a) the Defendant’s sentencing discretion was deviating from the sentencing discretion imposed by the lower court.

It is not recognized that it is unfair because it is too unaffort enough to be assessed.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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