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(영문) 청주지방법원 2018.01.19 2017노953
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles must be tried without the need to examine whether the grounds for ex officio examination are submitted, or whether the grounds for appeal are included in the statement of reasons for appeal, if the appeal are lawful. However, matters not the grounds for ex officio may be subject to a trial only if they are included in the petition of appeal or the statement of reasons for appeal submitted within a prescribed period. However, even if they are not included in the statement of reasons affecting the judgment exceptionally, they may be tried ex officio only if they are not included in the statement of reasons for appeal. Meanwhile, even if the defendant or defense counsel states matters not included in the statement of reasons in the statement of reasons in the appellate court, there

In this case, the Defendant and the defense counsel added the grounds for appeal to the misapprehension of facts and legal principles through a statement of the reasons for appeal as of December 15, 2017, and they did not appear in the appellate court. However, the reasons for appeal did not state the above contents in the written appeal, but did not state such contents within the period for submission of the legitimate reasons for appeal. Thus, the above assertion cannot be viewed as legitimate grounds for appeal.

B. Even if I examine ex officio, the judgment of the court below was erroneous by misunderstanding of facts and misunderstanding of legal principles that affected the conclusion of the judgment.

shall not be required to do so.

B. Of the sentencing division, the sentence imposed by the court below (one year of suspended sentence of imprisonment for April and 40 hours of lecture for sexual assault treatment) is too unreasonable.

2. The lower court appears to have sentenced the Defendant to the punishment by taking into account the favorable and unfavorable circumstances of the Defendant.

In light of the above circumstances, the motive, circumstances, and results of the instant crime, the circumstances after the crime, and the defendant's personal seal.

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