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(영문) 인천지방법원 2016.12.21 2016노3510
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the judgment on the defendant's appeal records, the defendant did not submit the grounds of appeal within the submission period of the grounds of appeal, did not state the grounds of appeal in the petition of appeal, and found the fact that the defendant asserted unfair sentencing on the first trial date of the court of first instance.

However, if the appeal is not filed within the due date for submission of the grounds for appeal, the appellate court shall state the grounds for appeal.

Even if there is no ground for appeal, as otherwise alleged in the statement, it cannot be deemed that there is a ground for appeal, and thus, it cannot be viewed that the defendant's statement made on the above trial date is the ground for appeal.

Therefore, the defendant's appeal should be dismissed by a ruling in accordance with the main sentence of Article 361-4(1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled, the defendant's appeal shall be dismissed by

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) imposed by the lower court on the Defendant is too uneased and unreasonable.

B. In light of the various sentencing conditions indicated in the instant judgment records and arguments, the lower court’s punishment is too uneasible and unreasonable, even considering the circumstances asserted by the prosecutor as the grounds for appeal.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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