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(영문) 울산지방법원 2017.11.16 2017노1256
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Circumstances disadvantageous to the judgment: the degree of injury is serious.

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

The favorable circumstances shows the attitude of the defendant to confession and reflect.

In the case of the defendant, the injured party does not want to be punished against the defendant by agreement with the injured party.

The defendant's age and character environment, including the above unfavorable circumstances, favorable circumstances, relation to the victim, motive of the crime, results of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the arguments and records of the case, and the scope of the recommended sentences (from April to June 1) in the sentencing guidelines / [the scope of the recommended punishment] general scope (the scope of imprisonment from April to January 1): The basic area (the term from April to June 6): Reduction factors (special sentencing factors): Reduction factors: In full view of the significant injury inflicted on the defendant, it is recognized that the sentence imposed by the court below is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Grounds for another judgment】 Since the facts constituting a crime and the summary of evidence are identical to each corresponding part of the judgment of the court below, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act concerning the choice of punishment;

1. In the determination of the reasons for the above appeal as to Article 62(1) of the Criminal Act (the favorable circumstances in the determination of the reasons for the appeal above), the sentence shall be determined as ordered and the execution thereof shall be suspended.

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