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(영문) 울산지방법원 2018.11.23 2018노1004
특수감금등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant with the kitchen knife (30cm in total length, 20cm in length), which is a dangerous object, and assaulted the victim, such as having flife the victim’s flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flife flif flif flif, etc., which is the dangerous object of the Defendant. It is more likely that the victim’s flife flife fl.

However, taking into account the following factors: (a) the Defendant admitted the instant crime; (b) the Defendant appears to have been detained for not less than five months in the instant case; (c) the injured party was the Defendant’s prior to the agreement with the victim; (d) the Defendant was punished for committing domestic violence against the victim before the instant case; and (e) there was no record of being subject to a family protective disposition; and (e) the Defendant’s age, sex, criminal conduct, family environment, motive and background of the instant crime; (c) the means and consequence of the instant crime; and (d) various sentencing conditions specified in the pleadings, such as the circumstances before and after the instant crime, the sentence imposed by the lower

3. Conclusion.

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