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(영문) 대구지방법원 2019.05.17 2019노276

상해등

Text

The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A (one year and eight months of imprisonment) by the lower court is too unreasonable.

B. Defendant B did not submit the grounds of appeal within the statutory period.

2. According to the records of this case’s judgment on Defendant B’s appeal, the Defendant filed a petition of appeal against the lower judgment on January 24, 2019. The foregoing petition of appeal contains no indication in the grounds for appeal, and the Defendant can recognize the fact that he/she did not submit the statement of grounds for appeal within 20 days before the deadline for submitting the statement of grounds for appeal, even if he/she was served with the notification of the receipt of the notification of grounds for appeal by this court on February 7, 2019, and there is no ground for ex officio examination

Therefore, the defendant's appeal should be dismissed in accordance with Article 361-4 (1) and Article 361-3 (1) of the Criminal Procedure Act.

3. The judgment on Defendant A’s appeal committed each of the instant offenses without being aware of the fact that the Defendant was committed during the period of repeated offense, the degree of violence by the Defendant, and the degree of injury suffered by the victims, and the Defendant collected claims in an unlawful manner with high interest while running credit business. Although there are unfavorable circumstances such as the fact that the Defendant collected claims in a high interest rate and the nature of the offense is not good, the Defendant was committed in the course of committing each of the instant offenses at the trial, and was in contravention of all of the Defendant’s confessions, and agreed with the victim D, H, I, J, J, and S at the lower court, and was in the trial, and was in contravention of the Defendant’s favorable circumstances such as N,O, and P’s age, character and behavior, environment, motive, means and consequence of the instant offense, and the circumstances after the crime, etc., it is deemed unfair to impose the sentence imposed by the lower court.

4. The conclusion is that Defendant A’s appeal is reasonable, and Article 364(6) of the Criminal Procedure Act is reasonable.