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(영문) 수원지방법원 2017.02.17 2016노4323
폭행
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). 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, the defendant shall dismiss the appeal by decision, even if he/she received a notice of receipt of the records of trial from the court on June 23, 2016 after filing an appeal against the judgment of the lower court on July 18, 2016, even if he/she did not submit a written reason for appeal within 20 days, which is the period for filing the appeal prescribed in Article 361-3(1) of the Criminal Procedure Act, and the written reason for appeal by the prosecutor on the grounds of appeal cannot be found to be without examining the records of the appeal, as well as the prosecutor’s ex officio examination is dismissed (Article 361-4(1).

A. The sentence imposed by the court below on the defendant is too unhued and unfair.

B. In full view of the fact that the Defendant denies part of the instant crime, the Defendant did not reach an agreement with the victim, and the Defendant did not make any effort to recover damage, and the Defendant was punished several times as fines for the same kind of violent crime, the degree of assault is relatively excessive, and the Defendant has no record of exceeding the fine, and other circumstances constituting the conditions for sentencing indicated in the record, such as the Defendant’s age, environment, sexual conduct, motive, circumstance, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable.

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