(영문) 춘천지방법원 2015.06.24 2014노493 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2015.06.24 2014노493

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not submit a statement of grounds for appeal to this court, and the petition of appeal does not contain any grounds for appeal.

B. The sentence of the lower court’s sentence (e.g., e., e., g., e., e.

2. Determination

A. We examine the Defendant’s appeal, and the Defendant was served with the notification of the receipt of the trial record and the notification of the appointment of a public defender on April 2, 2015, and did not submit the appellate brief within the due period for submission of the appellate brief, and the petition of appeal does not contain any reasons for appeal, and even if examining the record, we cannot find any reasons for ex officio investigation in the lower judgment

Therefore, it is necessary to decide to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal shall not be decided separately, and a judgment shall be

B. In light of the circumstances unfavorable to the Defendant, such as the following: (a) the prosecutor’s appeal was examined; (b) the damage was not recovered; and (c) the Defendant had been punished more than 20 times, including the suspension of the execution of imprisonment with prison labor, due to the same kind of crime and the same type of crime; (d) the Defendant committed the instant crime at the time of the trial; (b) the amount of damage was committed against the Defendant; and (c) other factors of sentencing as indicated in the record, such as the amount of damage; (d) the motive and background leading up to the instant crime; (e) the Defendant’s motive and background leading up to the instant crime; and (e) the Defendant’s age

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-형사소송법 제361조의4 제1항

-형사소송법 제364조 제4항

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