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(영문) 울산지방법원 2018.11.15 2018노973
상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of one year from the date this judgment becomes final and conclusive.

Reasons

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

2. As to the grounds for appeal, the Defendant had the record of being punished four times due to business obstruction, interference with the performance of official duties, and the Defendant was sentenced to the suspension of the execution of official duties for six months on the grounds of interference with the performance of official duties in around 2016, and committed the instant crime even during the suspension of the execution period, and did not agree with the victim, etc., are disadvantageous to the Defendant.

In light of the fact that the Defendant appears to have had half-time hours through a prison life for about three months, the degree of injury of this case is somewhat minor, the Defendant suffers from mental illness such as depression due to a bad family environment, and the above mental illness seems to have an impact on a certain degree on the crime of this case, and if considering the Defendant’s medical records and the circumstances that did not receive the litigation documents of this case delivered with her husband at the time of the treatment of the Defendant, the fact that the Defendant intentionally did not appear to have been absent from the trial is favorable to the Defendant.

In addition, in examining the defendant's age, sex, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., all the sentencing conditions and sentencing guidelines (type 1 (general injury) in the area of mitigation (type 1 (class 1-1 year), special mitigation factors: minor injury (type 1 and 4) in the area of mitigation (type 1-4), and the defendant's appeal grounds are reasonable, since the sentence imposed by the court below is too too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be rendered again after pleading as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each of the corresponding columns of the judgment below. Therefore, Article 369 of the Criminal Procedure Act applies.

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