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(영문) 울산지방법원 2018.06.15 2018노403
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. The fact that the defendant shows an attitude against his mistake, and that the investigative agency compensates the victim for part of the damages and agreed to do so is favorable to the defendant.

However, in light of the following: (a) the crime of this case was committed by the Defendant’s main employee by using violence without any justifiable reason to inflict an injury on the female victim; (b) the Defendant was sentenced to imprisonment with prison labor for two years on March 19, 2015; and (c) the Defendant committed the same kind of crime without having been sentenced to a two-year punishment; (b) the Defendant committed the same crime without having been sentenced to a two-year punishment; (c) the Defendant was mainly punished by the use of violence against women, other than the aforementioned repeated crime, has four times or more; and (d) other factors, including the Defendant’s age, sexual behavior, home environment, motive and background of the crime, means and consequence of the crime; and (e) the application of the sentencing guidelines of the Supreme Court sentencing committee, it is not recognized that the sentence imposed by the lower court is unfair because it is too unreasonable.

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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