(영문) 서울고등법원 2005. 5. 26.자 2004노2722 결정[강제추행치상][미간행]
Defendant
Defendant
Dual Refund
Attorney Park Byung-young (Korean National Assembly)
Busan District Court Decision 2004Gohap143 Decided September 22, 2004
The defendant's appeal is dismissed.
According to the records of this case, the defendant appealed on October 21, 2004, after being sentenced to a probation three years and 40 hours of imprisonment in the court below, and the defendant's public defender received the notification of party members' receipt of the notification of the notification of the receipt of the trial records on October 22, 2004. The period for submitting the legitimate statement of grounds for appeal has expired without the submission of the statement of grounds for appeal by the defendant or defendant's defense counsel. On November 15, 2004, the defendant's petition of appeal submitted by the defendant is only filed the statement of grounds for appeal by the defense counsel on November 15, 2004, and it does not contain the grounds for appeal.
Furthermore, considering the circumstances revealed through the trial process of party members, it does not seem to be erroneous in the misapprehension of facts as alleged by the defendant in the judgment of the court below, and the sentence against the defendant who has chosen a limited term of imprisonment with respect to the crime of injury resulting from indecent act by force of this case, the statutory penalty of which is stipulated as life imprisonment or imprisonment for a limited term of not less than five years, and then suspended execution of the lowest sentence which can be sentenced through discretionary mitigation cannot be deemed to be too heavy, and there is no reason to investigate ex officio and destroy it. Thus, the defendant's appeal shall be dismissed pursuant to Article 361-4 (1)
Judges Min Il-young (Presiding Judge)