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(영문) 제주지방법원 2017.03.22 2016노571
폭력행위등처벌에관한법률위반(공동상해)
Text

The Defendants’ appeal is dismissed.

Reasons

According to the records, the Defendants were dissatisfied with the judgment of the court below and filed each appeal on August 23, 2016; Defendant A was served with a notice of receipt of court records on October 22, 2016; Defendant B was served with a notice of receipt of court records from each court on September 28, 2016; Defendant A failed to submit the statement of reasons for appeal within the submission period under Article 361-3(1) of the Criminal Procedure Act; Defendant A submitted the statement of reasons for appeal by January 24, 2017; but this was submitted after the lapse of the submission period.

The grounds for appeal can be recognized, and each petition of appeal filed by the Defendants do not contain the grounds for appeal, and the records can not be examined to find the reasons for ex officio investigation.

Therefore, pursuant to Article 361-4(1) of the Criminal Procedure Act, all appeals filed by the Defendants shall be dismissed, and it is so decided as per Disposition (Article 2(2)3 of the Act on the Punishment of Violences, Etc. (wholly amended by Act No. 13718, Jan. 6, 2016) of the part of “the pertinent Article of the Act on the Punishment of Violences, etc.” in the application of the lower judgment is obvious that it is a clerical error, and thus, ex officio correction is made pursuant to Article 25 of the Regulations on the Criminal Procedure, since it is apparent that it is a clerical error,” in Article 2(2) and (1)3 of the former Punishment of Violences, etc. Act).

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