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(영문) 대전지방법원 2017.06.22 2016노3263
일반교통방해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. After filing the instant appeal on November 30, 2016, the Defendant did not submit a written reason for appeal within 20 days, which is the submission period for the written reason for the appeal, even after receiving the notice of receipt of the records of trial on November 30, 2016 after receiving the notice of receipt of the records of trial. The petition of appeal does not contain any reason for appeal, and the grounds for ex officio examination on the records are not found. Thus, a decision to dismiss the Defendant’s appeal pursuant to Article 361-4(1) of the Criminal Procedure Act should be made, but as long as a judgment is rendered on the prosecutor’s appeal, the Defendant’s appeal shall not be separately dismissed

2. Determination on the prosecutor’s appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (500,000 won in penalty) is too unhued and unreasonable.

B. The lower court determined that the Defendant’s punishment was determined within a reasonable scope by fully taking account of the overall circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial of the Party. Therefore, even considering the circumstances asserted by the Prosecutor on the grounds of appeal, the lower court’s punishment is too unfasible and unreasonable.

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. Since the defendant did not submit the reason for appeal, the defendant's appeal is dismissed. It is so decided as per Disposition

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