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(영문) 수원지방법원 2014.04.03 2013노4561

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

According to Articles 343, 358, and 359 of the Criminal Procedure Act, where a defendant is dissatisfied with the judgment of the court below, he/she shall submit a written petition of appeal within seven days from the date such judgment was pronounced.

According to the records, the defendant was found to have passed seven days from September 12, 2013, which was the date of the judgment of the court below, and the reverse water clearly used the same year.

9. 23. Recognizing the fact that the petition of appeal has been filed, it is evident that the right to appeal has been extinguished by the lapse of the period for filing an appeal.

Therefore, since the appeal by the defendant is unlawful, it shall be dismissed by decision in accordance with Articles 362(1) and 360 of the Criminal Procedure Act. However, as long as the court decides on the appeal by the prosecutor as follows, it is dismissed by judgment.

The summary of the grounds for appeal concerning the prosecutor's appeal (e.g., 200,000 won) of the lower court's sentencing (a fine of 200,000 won) is too un

Judgment

In light of the following circumstances: (a) the degree of injury inflicted on the victim due to the instant crime; (b) the instant crime is minor; (c) the victim demanded the repair of the victim due to the leakage of the Defendant’s house; and (d) the victim demanded the victim to leave and close the door, and is not deemed to have been a conclusive intention of injury; (d) the victim expressed his intention not to have the offender punished; (e) the victim expressed his intention not to have the offender punished; (e) the victim did not have the same criminal record; and (e) all other circumstances that are the conditions for sentencing specified in the instant case, the sentencing of the

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason.

It is so decided as per Disposition for the above reasons.