logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.01.12 2017노2967
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal shall be judged without any need to examine whether the grounds for appeal are submitted, or whether the grounds for appeal are included in the statement of reasons for appeal, if the appeal concerning the grounds for ex officio examination are lawful. However, with respect to the grounds for ex officio examination, it shall be limited to cases where the grounds for appeal are stated in the petition of appeal or are included in the statement of reasons for appeal submitted within the prescribed period. However, even if the grounds for appeal are not included in the statement of reasons affecting the judgment, it may be judged ex officio only in exceptional cases where the grounds for appeal are not included in the statement of reasons. Meanwhile, even if the defendant or defense counsel states

The defendant and his defense counsel added the reason for an unfair appeal through the counsel's opinion on December 1, 2017, and did not appear in the appellate court. However, the reasons for appeal are not stated in the above contents, but it is not asserted within the period for submission of a legitimate reason for appeal. Thus, the above argument cannot be viewed as legitimate grounds for appeal.

B. In addition, even if we look at ex officio, it is difficult for the court below to see that the sentence is too unreasonable by taking into account various sentencing conditions.

The defendant does not have used violence against the victim as stated in the facts charged.

2. The lower court’s determination based on the evidence duly admitted and investigated by the lower court, i.e., ① in a case where the statements of the witnesses, including the victim, are mutually consistent and consistent with the facts charged, it shall not be dismissed without permission, unless there is any separate and reliable evidence to deem that such statements are objectively reliable (see Supreme Court Decision 2012Do2631, Jun. 28, 2012).

arrow