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(영문) 울산지방법원 2018.01.09 2017노1308
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the Defendant on the summary of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order 120 hours) is too unreasonable.

2. In light of the judgment, the instant crime is a contingent crime, and the degree of injury resulting therefrom is not much severe, and the Defendant in depth reflects the mistake while attempting to commit the crime, and the Defendant agreed with the victim in the investigation stage, etc. are favorable to the Defendant.

On the other hand, the crime of this case was committed by the defendant on the grounds that the defendant suffered bodily injury on several occasions. In light of the purpose and method of the crime, the nature of the crime and the part of the injury, etc., and the fact that the defendant has been punished at least ten times due to violent crimes, etc., which are disadvantageous to the defendant. In addition, comprehensively taking account of all the sentencing conditions and the scope of recommendations according to the sentencing guidelines as stated in the argument of this case, such as the defendant's workplace, family relation, economic circumstances, age, sexual behavior, environment, and circumstances after the crime, etc., the punishment of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it seems unfair.

Therefore, the defendant's assertion is without merit.

3. In conclusion, 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. It is so decided as per Disposition.

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