상해
All appeals by the Defendants are dismissed.
1. The appellant regarding Defendant A’s appeal shall submit a written reason for appeal to the appellate court within 20 days from the date of receipt of the records of trial (Article 361-3(1) of the Criminal Procedure Act). If the reason for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). Meanwhile, the period from the date the Defendant requested the appointment of a national defense counsel until the date of receipt of a certified copy of the decision of dismissal of the request for appointment of a national defense counsel is not included in the period for submission of the above written reason (Article 156-2(4) of the Rules on Criminal Procedure). According to the records, even if the Defendant received the notice of receipt of the records of trial from this court on April 23, 2017, the period for submission of the written reason for appeal (Article 361-3(1) of the Criminal Procedure Act for the appointment of a national defense counsel by Defendant A to the date of receipt of the written reason for appeal cannot be examined even within five days.
Therefore, the appeal by the above defendant should be dismissed by a ruling pursuant to Article 361-4 (1) of the Criminal Procedure Act, but as long as the above judgment is rendered on the appeal by the defendant B, the appeal by the above defendant shall not be dismissed separately and shall be pronounced by a ruling.
2. Judgment on Defendant B’s appeal
A. The gist of the grounds for appeal is that the lower court’s punishment (1.5 million won penalty) is too unreasonable.
B. The Defendant’s age, sex, and crime committed under the unfavorable circumstances, such as the confession of the judgment of the commission of crime, the fact that there is no record of punishment exceeding the same kind and fine, the fact that the Defendant agreed with the victim, the fact that the Defendant suffered an injury due to the victim, the fact that the instant case started due to the Defendant’s assault, the degree of injury to the victim, and the fact that the degree of injury to the victim, etc. is not less light.