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(영문) 울산지방법원 2019.08.22 2019노558
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

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

2. The Defendant’s each of the instant offenses against the grounds of appeal is a normal situation against the Defendant, inasmuch as the Defendant did not have the intent or ability to pay the price, received the alcohol and food from the main point and received the price, and subsequently inflicted an injury on the main point employees demanding the payment of the price. The Defendant’s assault against the main point employees E is more serious than six weeks of injury due to the victim E, who was in need of approximately six weeks of medical treatment. The assault against the victim C of the main place of business was committed while the police called out and heard the circumstances of the instant case, and thus, the nature of the crime is not good because violence is high, and the Defendant committed each of the instant offenses again during the period of repeated offense, and committed violence and criminal records, which have many criminal records and criminal records, and failed to reach an agreement with the victims, and failed to receive the letter from the victims.

However, in full view of the Defendant’s age, character, environment, motive and background leading to the instant crime, means and consequence, etc., the sentence of the lower court sentenced to two years of imprisonment is somewhat unreasonable, by taking account of the following factors: (a) the Defendant led to the confession of each of the instant crimes and reflects his mistake; (b) the Defendant appears to have committed each of the instant crimes in a somewhat contingent and contingent manner under the influence of alcohol; and (c) the Defendant committed a large number of violence and criminal records, but most of the criminal records were punished by a fine; and (d) the Defendant’s age, character, environment

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

[D.] The Criminal Procedure Act applies to the facts constituting a crime and the summary of the evidence recognized by the court, as well as the summary of the evidence.

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