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(영문) 울산지방법원 2016.10.07 2016노1004
특수상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We examine the grounds for appeal by the defendant and the prosecutor.

The circumstances are favorable to the defendant, such as the fact that the defendant's mistake is divided and reflected, and the fact that the victim does not want the punishment of the defendant in consultation with the victim D of special injury at the investigation stage are favorable to the defendant.

However, the Defendant committed a crime of attack, confinement, assault, bodily injury, fraud, etc. against five victims without any awareness of any particular crime. In light of the method and frequency of the crime, etc., the crime of attack, confinement, assault, assault, injury, and fraud in this case was poor, up to the trial, it was not agreed with the victims of the crime, and the damage was not recovered, and there was no record of receiving juvenile protective disposition more than ten times in the past.

In full view of the above circumstances and conditions favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and the circumstances before and after the instant crime, etc., and all the circumstances constituting the conditions for the instant sentencing as indicated in the trial process, the lower court’s punishment is too heavy or unreasonable, and thus, does not seem to be unreasonable. Accordingly, the Defendant and the prosecutor’s allegation of unfair sentencing is rejected.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.

However, since it is apparent that the decision of the court below has omitted entry of the choice of punishment in the part of the application of the law of the court below, the punishment of 1. "the relevant legal provision on criminal facts" is followed pursuant to Article 25 (1) of the Regulation on Criminal Procedure

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