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(영문) 울산지방법원 2017.11.30 2017노1277
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence in six months of imprisonment) is too unhued and unfair.

2. An unfavorable circumstance to the judgment on the grounds of appeal: The crime of this case is not likely to be committed since the defendant committed the crime of this case, while the defendant was not in a de facto marital marital relationship with the victim, he expressed the victim's desire to do so, and caused bodily injury to the victim, such as salt, tension, etc. in light of the overall length and head of the victim due to drinking and growth.

There was no agreement with the victim.

The favorable circumstances: The defendant shows his attitude to recognize and reflect the crime of this case.

Defendant has no record of punishment for the same kind of crime.

In full view of the aforementioned unfavorable circumstances, including favorable circumstances, the Defendant’s age and character environment, relationship with the victim, motive means of committing the crime, the circumstances after committing the crime, etc., as well as the sentencing conditions indicated in the instant arguments and records, and the scope of the recommended sentencing guidelines (type of imprisonment from April to one year and six months [the general person subject to special injury] (the scope of recommended punishment] / [the scope of recommended punishment] of the basic area (from April to June). In full view of the basic area (from January to June) of the Defendant’s sentence, the lower court’s sentence imposed on the Defendant deviates from the sentencing discretion.

It is not recognized that it is unfair because it is too unfluent enough to be assessed.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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