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(영문) 광주지방법원 2017.05.24 2016노4419
강제추행
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. A person who filed an appeal against a defendant shall submit a written reason for appeal to the appellate court within 20 days from the date he/she receives the notice of the records of trial (Article 361-3(1) of the Criminal Procedure Act), and if the written reason for appeal is not submitted within the said period, the appellate court shall dismiss the appeal by decision (Article 361-4(1) of the same Act). According to the records of this case, the defendant, despite being notified of the record of receipt by this court on November 23, 2016, failed to submit a written reason for appeal within the submission period for the written reason for appeal, and the petition of appeal does not contain any indication of the reason for appeal and does not discover any reason for ex officio examination on the records.

2. Judgment on the prosecutor's appeal

A. The gist of the grounds for appeal is that the lower court’s punishment (five million won in punishment, and forty hours in completion of sexual assault treatment programs) is too uneased and unreasonable.

B. In full view of the various sentencing conditions indicated in the records and arguments, such as the fact that the judgment was examined, and the defendant committed the crime of this case when the defendant was in the first instance trial, it was against the defendant, and thus, the court below’s punishment cannot be deemed unfair. Thus, the prosecutor’s above assertion is without merit.

3. In conclusion, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is concurrently ruled, the defendant's appeal shall also be dismissed by judgment. Since the prosecutor's appeal is without merit, it shall be dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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