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(영문) 서울남부지방법원 2018.04.20 2016노2597

경범죄처벌법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal contains errors in the misapprehension of the legal principles, and the defendant, at the time of committing the instant crime, submitted a petition of appeal without stating the grounds for appeal on December 5, 2016, and submitted a statement of grounds for appeal on January 5, 2017, which was within the submission period of the written grounds for appeal. However, in the “a summary of the grounds for appeal” described in the same text, the term “the defendant did not commit any crime which the court below found guilty” and “the court below erred in the misapprehension of the Constitution, law, order, rule, or law, which affected the conclusion of the judgment by misunderstanding the legal principles,” and “the Defendant committed the instant crime in the form of mental or physical loss or unpsying condition (the part on which the Defendant partially stated the grounds for appeal, but it seems that it was not related to the above grounds for appeal).” In full view of the records of the instant case, the Defendant’s mental or physical disorder at the time of committing the instant crime.

It is difficult to see that there was an error of mistake or misunderstanding of legal principles in the original judgment.

It is difficult to see it.

Therefore, the defendant's argument is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

참조조문