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(영문) 서울북부지방법원 2012.11.14 2012노879
재물손괴등
Text

All appeals by the Defendants are dismissed.

Reasons

1. On June 28, 2012, Defendant A dissatisfied with the first instance judgment and filed an appeal. On July 24, 2012, Defendant A did not submit the grounds for appeal within 20 days from the date on which the instant court served a notice of notification of the receipt of trial records and a notice of appointment of a state appointed defense counsel. Defendant A’s petition of appeal does not contain the grounds for appeal, and Defendant A’s petition of appeal does not contain any grounds for appeal ex officio even if the record is examined, and thus, Defendant A’s appeal should be dismissed by decision.

2. Defendant B alleged that the first instance court’s sentencing (2 million won of fine) is too unreasonable. Thus, considering the various circumstances that are the conditions of sentencing as indicated in the instant case, such as the following: (a) the age, character and conduct of Defendant B, the environment, motive, means and consequence of the crime; and (b) the sentence imposed by the first instance court against Defendant B is deemed appropriate and it is deemed that it is too unreasonable, and therefore, Defendant B’s above assertion is groundless.

3. In conclusion, Defendant A’s appeal shall be dismissed by decision pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, and since Defendant B’s appeal is without merit, Defendant B’s appeal shall be dismissed by decision pursuant to Article 364(4) of the Criminal Procedure Act. However, as long as Defendant B’s appeal is ruled as above, Defendant A’s appeal shall be dismissed by decision en bloc. It is so decided as per Disposition.

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