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(영문) 서울중앙지방법원 2019.06.27 2017노608
상해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

A defendant in a judgment on the appeal by a defendant has not filed the grounds for appeal within the lawful period for submission of the grounds for appeal, and the petition of appeal submitted by the defendant does not contain any grounds for appeal, and no grounds for ex officio investigation can be found even after examining the records. Thus, a decision to dismiss the defendant's appeal pursuant to Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act shall be made, but as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal shall

2. The Prosecutor’s Grounds for Appeal (two months of imprisonment, two years of suspended execution, etc.) declared by the lower court is too uneasible.

3. That the degree of injury of the victim is serious, that is not agreed with the victim, and that the victim complained of severe punishment against the defendant while complaining of the suffering is disadvantageous to the defendant.

However, considering the fact that the Defendant is a primary offender with no criminal power, and the fact that there is room for the recovery of damage pursuant to the damages lawsuit filed against the Defendant (this court 2017 Ghana5173098) by the victim, etc. as favorable to the Defendant, the lower court’s punishment cannot be deemed unreasonable as it is too unreasonable in light of the overall sentencing conditions indicated in the instant case, including the Defendant’s age, character and conduct, family relationship, motive and circumstance of the instant crime, and circumstances after the crime.

4. The appeal 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.

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