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(영문) 서울서부지방법원 2016.06.09 2016노243
퇴거불응등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On March 22, 2016, the Defendant did not submit a written reason for appeal within 20 days, which is the submission period for the written reason for appeal, even though he/she received a notice of receipt of the record of trial from this court on March 22, 2016. The petition of appeal does not contain any indication of the reason for appeal, and no reason for ex officio investigation is found even if examining the record

2. The prosecutor asserts that the prosecutor’s appeal against the prosecutor’s appeal is unfair, because it is too unfilled in the sentence of the court below (300,000 won in penalty).

In light of all the factors such as the motive, circumstance, and circumstance after the crime of this case, the degree of damage caused by the crime of this case, the defendant's age, career, sexual conduct, etc., the judgment of the court below is proper, and thus, the prosecutor's assertion is without merit, since it is determined that the court below's punishment is appropriate in light of all the factors such as the defendant's motive, circumstance, and circumstance after the crime of this case, the degree of damage caused by the crime of this case, the defendant's age, career, sexual conduct, etc.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the defendant's appeal shall be dismissed in accordance with a decision under Article 361-4 (1) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is also dismissed. However, as long as the prosecutor's appeal is concurrently ruled on the prosecutor's appeal

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