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(영문) 울산지방법원 2018.02.01 2017노1508
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of suspended sentence in six months of imprisonment) 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 does not want to punish the defendant in agreement with the victim in the court below.

The degree of injury suffered by the victim is relatively weak.

Unfavorable circumstances: The nature of the crime of this case is not that of the crime of this case.

The defendant has been punished several times for the same crime.

In light of the overall conditions of sentencing as shown in the arguments and records of the instant case, including the above favorable circumstances, unfavorable circumstances, the Defendant’s age and character environment, relation to the victim, the motive and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., and the scope of the recommended punishment according to the sentencing guidelines (the scope of the recommended punishment from February to one year [the scope of the recommended punishment] and the mitigated area (the period from February to one year] of the mitigated area (the special mitigated person] of the crime committed by violence, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

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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