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(영문) 울산지방법원 2017.11.30 2017노1186
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (four 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.

There seems to be some reason to consider the background of the instant crime.

The defendant is the first offender.

In the case of the injury of this case, the degree of injury is significant, such as the victim's two saccines and the removal of saccines.

Damage has not been recovered.

In full view of all the conditions of sentencing and the sentencing indicated 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 period of six months to two years from the date of imprisonment) (the number of years from the date of special determination) serious injury (the person who is subject to special sentencing) (the scope of recommended punishment) [the scope of recommended punishment] increased area (6 months to two years), it is not recognized that the sentence imposed by the lower court is too unreasonable.

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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