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(영문) 울산지방법원 2016.06.02 2016노484
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of ten months and by a fine of thirty million won.

The above fine shall be imposed on the defendant.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and fine of 300,000 won) is too unreasonable.

2. The judgment of the Defendant is not only several times that criminal punishment was imposed for the same crime, such as bodily injury, assault, damage to property, theft, etc., but also that the Defendant committed each of the instant crimes of the same kind, even though he/she was under repeated crime, in spite of his/her punishment due to night-time intrusion of residence, larceny, and robbery.

In addition, there is still no agreement with some victims.

However, in light of the fact that the defendant's mistake is recognized and against himself, that the defendant suffered from mental illness such as depression and uneasiness at the time of committing the crime, that the defendant agreed with the victims of the larceny in the trial process of the court below, that the victims of the crime of larceny wanted to take care of the defendant by agreement with the victim of partial assault and the victim of the crime of destruction of property, and that the above victims want to take care of the defendant's age, sex behavior and environment, and other circumstances after the crime, the sentence imposed by the court below is somewhat unreasonable.

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

[Judgment] The summary of the facts constituting an offense and evidence admitted by this court is a summary of the facts constituting an offense and the evidence. The first head of the facts constituting an offense in the judgment of the court below was sentenced on November 15, 2013 by the Daegu District Court for the following reasons: (a) Defendant was sentenced to imprisonment with prison labor for a year and six months due to night-time intrusion, larceny, or bodily injury; and (b) the execution of the sentence was terminated

“The Defendant was sentenced to imprisonment for one year and two months in the Daegu District Court on January 16, 2014 due to night intrusion, theft, or bodily injury, etc. and completed the execution of the sentence on April 6, 2014.

Except for correction as “,” the relevant column of the lower judgment is written.

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