(영문) 울산지방법원 2018.08.31 2018노660 | 리걸엔진

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자간(%)

(영문) 울산지방법원 2018.08.31 2018노660

상해

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

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

2. The crime of this case committed by the defendant's act of assaulting the victim's face and breast part of the victim's body at several times, taking the body of the victim beyond the victim's body on several occasions, etc., in which the victim's body was cut off and satisfed by the victim's body, etc., in which the victim's body was cut off and satisfed, and the crime of this case was not good in light of the method and attitude of the crime, etc., the crime of this case is dangerous and serious to the part and degree of the victim's injury caused by this case's crime, and it seems that the victim suffered a large mental shock and physical pain, etc., and therefore, the crime of this case was committed disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant shows the attitude of recognizing and opposing the crime, that the victim does not want the punishment of the defendant by mutual consent with the victim, and that there is no record of criminal punishment exceeding the fine of the defendant, etc., the punishment imposed by the court below is somewhat unreasonable, in view of the circumstances favorable to the defendant, such as the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and the circumstances after the crime, etc.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

유사 판례

-울산지방법원 2018.06.22 2017고단3933

-제주지방법원 2017.11.02 2017고단2388

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-울산지방법원 2018.09.21 2018고단226

-서울서부지방법원 2013.07.09 2013노439