특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The guilty part of the judgment of the court below and the judgment of the court of second instance shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. Of the facts charged in the judgment below, the court below dismissed the prosecution of assault as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Driver Violence, etc.) against the victim C, which is the remaining facts charged.
In regard to this, since the defendant appealed only the guilty part of the judgment of the court of second instance, and the dismissal of the above public prosecution which the defendant and the prosecutor did not appeal is separated and confirmed as it is, the scope of this court's judgment is limited to the conviction part
2. The summary of the grounds for appeal shall be judged without any need to decide whether the grounds for appeal are legitimate, if the grounds for appeal are included in the statement of grounds for appeal or the statement of grounds for appeal. However, with respect to any grounds not subject to ex officio examination, it shall be limited to cases where the grounds for appeal are stated in the petition of appeal or are included in the statement of grounds for appeal submitted within the prescribed period. However, the grounds affecting the judgment are not exceptionally included in the statement of grounds
A judgment may be rendered ex officio.
(See Supreme Court Decision 2006Do8488 Decided May 31, 2007, etc.). The Defendant asserted to the effect that the Defendant denied the crime against the victim E and F in the written petition filed on August 26, 2020 and September 7, 2020. However, the written statement of grounds for appeal does not contain the above contents, but does not contain any assertion made within the due deadline for submitting the written statement of grounds for appeal. Thus, the Defendant’s above assertion does not constitute legitimate grounds for appeal.
Furthermore, even if we look at ex officio, the above argument of the defendant cannot be accepted, and the judgment of the court of first instance cannot be deemed to contain any error of law affecting the conclusion of the judgment.
Punishment sentenced by the first instance court (two years of imprisonment) and imprisonment (four months of imprisonment) sentenced by the second instance court.