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(영문) 서울남부지방법원 2019.08.30 2018노1860
폭행등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 on the lower judgment’s appeal 1) The Defendant was drunk at the time of committing the instant injury, and thus, was in a state of mental disability and injury. 2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

B. According to the records on the prosecutor’s appeal against the first instance judgment, the Defendant did not submit a petition of appeal within the period of appeal after being sentenced to the first instance judgment on September 13, 2018. On July 22, 2019, after the period of filing the appeal expires, the Defendant asserted that “the victim D requested for the statement of reasons for appeal, was sealed to the purport that he refused the request, and only the victim’s egrance was left against the Defendant’s hand.”

However, if the defendant did not submit a petition of appeal as above, the submission of the above statement of grounds for appeal and its entry shall not be a legitimate ground for appeal or appeal.

(In light of the above statement of grounds of appeal, the appeal shall be dismissed by the decision under Articles 362(1) and 360 of the Criminal Procedure Act, because it is apparent that an appeal has been filed after the extinguishment of the right to appeal, but as seen later, as long as the court below reverses the judgment of the court below on the grounds of ex officio reversal, the appeal by the defendant shall not be dismissed in its order). The defendant's statement was made to the same effect as the police at the time of the investigation into the police, stating that the health unit and the victim D made a statement to the effect that "at the time of the investigation into the police, they made a son with the victim, and they made the statement to the same effect as E, and in light of the damaged parts and degree of the damage revealed in the photographs of the victim's return taken during the police investigation, the statement made by the victim and E is credibility. It is sufficiently recognized that the defendant committed an assault as stated in the judgment of the court of first instance.

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