(영문) 전주지방법원 2017.02.17 2016노1691 | 리걸엔진

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자간(%)

(영문) 전주지방법원 2017.02.17 2016노1691

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. Article 344(Special Rules for Defendant in Prisons or Detention House) 1 of the Criminal Procedure Act regarding Defendant’s appeal is deemed to have filed an appeal within the period allowed for filing an appeal.

Article 358 (Period for Appeal) provides that "The period for appeal shall be seven days."

"........"

According to the records, the court of the lower court rendered a fine against the Defendant on November 15, 2016, and the Defendant, who prepared a petition of appeal on November 22, 2016, may recognize the fact that he/she submitted the petition of appeal to the agent of the former principal on November 23, 2016, and thus, it is evident that the Defendant’s appeal did not abide by the period of appeal.

Thus, the defendant's appeal shall be dismissed by a ruling under Articles 362 (1) and 360 (1) of the Criminal Procedure Act, but as long as the court decides on the prosecutor's appeal as follows, it shall be dismissed by a judgment.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty) is too uneasy and unreasonable.

B. The crime of this case is a situation unfavorable to the defendant, where the defendant suffered injury from another person in prison to the left-hand side of the days of treatment by taking care of the victim, and where the crime of this case was committed, the nature of the crime is not weak, and the defendant has the record of criminal punishment of fines three times due to the same crime, and the defendant has not reached an agreement with the victim up to the trial, and has not paid any effort to recover the damage.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, and that the victim leads to the crime of this case by contingency, and that it seems that it would lead to the crime of this case.

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