상해등
The motion for retrial of this case is dismissed.
1. According to the record of recognition, it is recognized that the applicant was sentenced to a fine of two million won by a decision of 2014DaMa895 Decided September 19, 2014 by the Incheon District Court Branch Branch of the Incheon District Court (Seoul District Court Decision 2014DaMa895, and that the applicant filed an appeal, but the applicant was dismissed on November 18, 2014 on the ground of the failure to submit the grounds for appeal (Seoul District Court Decision 2014No3521).
2. A request for retrial may be made for the benefit of a person against whom judgment of conviction has become final and conclusive, in cases where a ground under each subparagraph of Article 420 of the Criminal Procedure Act exists;
Although a claimant for retrial stated "judgment" as the subject of retrial, it appears to mean the dismissal of the appeal, the above dismissal decision is not a final and conclusive judgment of conviction, and there is no room for dispute as to the method of an immediate appeal. Thus, the request for retrial of this case cannot be accepted.
(B) (A) there is room to view that the applicant filed a petition for retrial on September 19, 2014 by the Incheon District Court Branch Decision 2014DaMa895 Decided September 19, 2014, which is the first instance court decision, for which the applicant filed a petition for retrial. Accordingly, the grounds for filing a petition for retrial are complementaryly examined. The reasons for filing a petition for retrial are merely impossible to suppress or unilaterally assault the victim by force, and thus it does not constitute injury. In addition, the public defender believed that the applicant submitted the statement of grounds for retrial but did not submit the statement of grounds for retrial, and it does not fall under any of the grounds for retrial under each subparagraph of Article 420 of the Criminal Procedure Act, and there are no other circumstances to deem that there exists any grounds for retrial, and thus, the petition for retrial of this case cannot be accepted even if it is selected as a petition for retrial of this case. Accordingly, it is dismissed under Article 434
March 30, 2015