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(영문) 서울중앙지방법원 2015.03.27 2014노3534

일반교통방해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The appellant who made a decision on the appeal of a defendant shall submit the appellate brief to the appellate court within 20 days from the date on which he/she received the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the appellate brief is not submitted within the said period,

(1) According to the records, the Defendant did not submit the statement of grounds of appeal within the due period for submission of the written notification of the notification of the receipt of the trial records on December 2, 2014, and the petition of appeal does not contain any indication of the grounds for appeal, and even if examining the records, the grounds for appeal cannot be found ex officio.

Although the Defendant appeared on the date of the first trial and claimed mistake of facts and unreasonable sentencing as the grounds for appeal, it cannot be viewed as a legitimate grounds for appeal since it was filed after the period for filing the grounds for appeal has expired.

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 is unreasonable as the lower court’s punishment (one million won of a fine) is too unhued.

B. The judgment that the defendant has the same criminal records is disadvantageous to the defendant.

However, considering the fact that there is no history of punishment exceeding a fine due to university students, and all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, it is not recognized that the sentence imposed by the court below is too unjustifiable.

The prosecutor's assertion of unfair sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor with the conclusion are without merit and all of them are dismissed. It is so decided as per Disposition.

Article 25 of the Regulations on Criminal Procedure.