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(영문) 의정부지방법원 2020.02.13 2019노1942
상해등
Text

Defendant

8. The non-guilty part of the judgment of the court below shall be reversed.

Of the facts charged in the instant case.

Reasons

1. The defendant;

2. Defendant B filed an appeal against the lower judgment on July 9, 2019, but did not state the grounds for appeal in the petition of appeal. On July 26, 2019, Defendant B did not submit the statement of grounds for appeal within 20 days, which is the period for submitting the appellate brief under Article 361-3(1) of the Criminal Procedure Act, even if the appellate court received the notification of the receipt of the notification of the trial record from this court.

On the other hand, even if examining the record ex officio, there is no reason to ex officio investigate the judgment of the court below including the amount of punishment.

Therefore, Defendant B’s appeal should be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act. However, as long as the remaining Defendants’ appeal and prosecutor’s appeal against Defendant M are ruled as follows, a separate dismissal decision shall not be made and a separate dismissal decision shall be rendered together.

2. The appeal by the remaining Defendants and the appeal by the Prosecutor against the Defendant M by the Prosecutor

A. Summary of grounds for appeal 1

1. AA) The Defendant has not committed a crime under paragraph (6) of the criminal facts stated in the judgment of the court below [the fact that there was an injury to the victim W]. B) The sentencing division (the original court: a fine of five million won) 2 Defendant during the sentencing division (the fine of five million won).

3. E) The Defendant did not take part in the crime of paragraph (1) of the crime as indicated in the judgment of the court below (the crime committed on October 18, 2017 and the crime of violation of the Punishment of Violences, etc. Act (joint injury). B) The sentencing division (the original judgment: the fine of KRW 700,000) and the Defendant 3.

4.F;

5.J,

6.K,

7. L,

8. M:

9. N. 10.O.: The lower court’s sentence among the sentencing departments for each of the Defendant

4. F: Fines of 10 million won.

5. J: Defendant 3 million won.

6. K: Fine of 2 million won.

7. L: A fine of two million won.

8. M: A fine of five million won.

9. N: A fine of KRW 1 million is KRW 7.O. Defendant 10 million; KRW 5 million; Defendant 11. PA) by mistake of facts or misapprehension of the legal doctrine, the Defendant commits a crime under paragraph (3) of the crime committed in the judgment of the court below, thereby destroying and damaging special property on October 28, 2017.

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