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(영문) 울산지방법원 2016.10.28 2016노1495
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The defendant, on the ground that the victim's work is promoted, committed an injury requiring four-way medical treatment by taking the victim into consideration the victim's drinking and launching. The defendant's liability for the crime is not minor in light of the method of crime and the degree of injury of the victim, etc.

However, in full view of the following factors: (a) the Defendant is recognized as all of the instant offenses; (b) the Defendant is against the victim’s consent; (c) the victim does not want the Defendant’s punishment; (d) there was no history of criminal punishment exceeding the previous fine; and (e) the family members of the Defendant want to take the Defendant’s guidance while taking account of the Defendant’s age, character and conduct, environment, motive and background of the offense; (c) the means and consequence of the offense; and (d) various sentencing factors in the process of trial, such as the circumstances after the offense, etc., the lower court’s punishment seems to be somewhat unreasonable, and thus, the Defendant’

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered after pleading

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Determination of the grounds for sentencing under Article 62-2 of the Criminal Act on probation and community service order shall be made in the same manner as the order, in consideration of the various circumstances as seen in the above judgment on the grounds for appeal.

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