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(영문) 대전지방법원 2017.07.06 2016노3618

상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. With respect to the appeal of the defendant, the defendant did not submit the reason for appeal within 20 days, which is the submission period for the written reason for appeal, even after receiving the notice of receipt of the records of trial on February 7, 2017 after filing the appeal of this case. The petition of appeal does not contain any reason for appeal and does not contain any reason for ex officio investigation on the records. Thus, a decision to dismiss the defendant's appeal pursuant to Article 361-4 (1) of the Criminal Procedure Act should be made, but as long as a judgment is rendered on the prosecutor's appeal, a decision to dismiss the defendant's appeal shall be made without separately rejecting the defendant's appeal.

2. The lower court’s sentence (two years of suspended sentence to one year of imprisonment) is deemed to be too unhued and unfair.

3. Determination on the Prosecutor’s appeal of this case is that the degree of injury suffered by the victim J and K is not weak, that the Defendant committed the remaining crimes in the judgment of the court below among the attempts that the Defendant was tried due to the crime of injury, that the Defendant committed the crime of injury in the workplace, that the Defendant restricted multiple power by mobilization of local distribution, and that there was multiple violent crimes against the Defendant, or that there were multiple violent crimes against the Defendant, etc. However, the Defendant recognized all of the instant crimes, and that he took into account the circumstances favorable to the Defendant’s life through detention for about three months, and that he took into account the following factors: (a) the Defendant took into account the fact that the Defendant made an agreement with the victims in the judgment of the court below; and (b) taking into account all the sentencing conditions of the instant case, such as the Defendant’s character, environment, background and result of the crime; and (c) the circumstances after the crime, etc.,

4. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.