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(영문) 수원지방법원 2015.05.29 2014노5891

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records of the instant case’s judgment on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on September 30, 2014, and did not submit the statement of grounds for appeal within 20 days from the lawful period for submission of the appellate brief despite having received the notification of the receipt of the notification of the trial record from the lower court on October 23, 2014. The Defendant did not state the grounds for appeal in the petition of appeal filed by the Defendant, and did not find any reasons for ex officio examination

Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal shall not be decided separately, and a judgment shall be

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) imposed by the court below on the defendant is too uneasible and unreasonable.

B. Although there are a considerable number of records of punishment against the Defendant as a crime related to violence, considering the following circumstances: (a) the Defendant agreed with the victim of the crime of assault; (b) the Defendant also entered the two scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics from the victim of the crime of assault; (c) the Defendant’s motive and background leading up to the crime of this case; (d) the circumstances following the crime; (e) the Defendant’s age

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.