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(영문) 서울북부지방법원 2016.11.18 2016노137
폭력행위등처벌에관한법률위반(공동공갈)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The Prosecutor appealed on the grounds that the lower court’s punishment is too minor.

First, even if considering the various sentencing factors stated in the prosecutor’s petition of appeal, statement of grounds of appeal, and other records of trial, the sentence of the court below cannot be deemed unfair because it is unjustifiable.

2. According to the records on the Defendant’s appeal, the following facts are acknowledged: (a) the Defendant was dissatisfied with the lower judgment and filed an appeal on January 5, 2016; and (b) on August 31, 2016, received a written notification of the receipt of the trial records on the appeal case from this court; (c) the Defendant did not submit the statement of grounds of appeal within 20 days after the deadline for submitting the statement of grounds of appeal under Article 361-3(1) of the Criminal Procedure Act

In addition, the defendant's appeal is dismissed because there is no particular reason for ex officio investigation in the record.

3. If so, the Prosecutor’s appeal shall be dismissed without holding any pleadings pursuant to Article 364(5) of the Criminal Procedure Act, and the Defendant’s appeal shall be dismissed by decision pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act. However, as long as the Prosecutor’s appeal is dismissed by decision, it shall be dismissed by decision. It is so

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