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(영문) 울산지방법원 2019.02.01 2018노1210
상해
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, community service order, 120 hours of community service order, and 40 hours of attending lectures of violent therapy) is too uneasible and unreasonable;

2. In light of the following factors: (a) the nature of the instant crime and the degree of injury, etc.; and (b) the Defendant had been punished several times of violent crimes, etc., but again led to the instant crime, etc., which is disadvantageous to the Defendant.

On the other hand, in the court below's decision, the victim did not want punishment against the defendant when the defendant was fully agreed with the victim, the defendant is a contingent crime, the defendant reflects the error while committing the crime, and the family relation of the defendant is relatively clear, such as the defendant's family member's desire to have a preference against the defendant, etc. In addition, comprehensively taking account of all the sentencing conditions of the defendant's age, character and behavior, environment, family relationship, and circumstances after the crime, etc., the court below's punishment is deemed to be within reasonable and appropriate scope, and it cannot be deemed that the defendant's punishment is excessively unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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