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(영문) 서울남부지방법원 2015.05.08 2014노1755
폭행
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The appellant who made a decision on the appeal of a defendant shall submit the appellate brief to the appellate court within 20 days from the date on which he/she received the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the appellate brief is not submitted within the said period,

(1) According to the records, the Defendant did not submit the statement of grounds for appeal on October 16, 2014 even after receiving the notification of the receipt of the notification of the receipt of the trial records on October 16, 2014; the petition of appeal does not state the grounds for appeal; and the record does not reveal any grounds for appeal ex officio even if examining the record.

Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal shall not be decided separately, and a judgment shall be

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (1.5 million won of a fine) is too unhued.

B. Although the judgment of the court below has a considerable number of records that were punished for violent crimes against the defendant, the crime of this case is relatively minor and the victim was placed before the suspension of indictment, and considering all of the sentencing conditions in the records, such as the defendant's age, character and conduct, environment, family relationship and circumstances after the crime, it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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