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The defendant's appeal is dismissed.
Reasons
1. The sentencing of the court below (one hundred months of imprisonment and two years of suspended execution) is too unreasonable.
2. Determination
A. 1) Determination on the assertion of mistake of facts: (a) The written statement of grounds for appeal filed by the Defendant on October 16, 2014 and the written statement of grounds for appeal filed by the Defendant’s public defender on October 31, 2014 are written only as the grounds for appeal; (b) the Defendant’s defense counsel asserts that the Defendant did not dismiss I and J on the date of the supplementary statement of grounds for appeal filed on May 13, 2015 and the first day on July 14, 2015. (c) The Defendant’s defense counsel states that the Defendant did not dismiss I and J on the date of appeal filed within the due period for submission
Even if there is no ground for appeal as otherwise alleged in the statement, it cannot be deemed that there is a ground for appeal (see, e.g., Supreme Court Decision 98Do1234, Sept. 22, 1998). This part of the claim cannot be deemed a legitimate ground for appeal, and further, the lower court’s ex officio reversal does not find
B. Determination on the grounds of appeal 1) There are extenuating circumstances, such as that the Defendant did not have been previous 73 years of age, that is, the health condition is not good due to compromise, depression, and depression, and that the Defendant must support the wife in need of continuous medical treatment due to a dial heart disorder, etc., and that the Defendant was not subject to criminal punishment in fact. However, the instant crime is a case where: (a) the Defendant testified as a witness in civil procedure to reverse the crime with a complaint against the outcome of the final civil procedure and testified as a witness in civil procedure; and (b) such crime is a serious crime that interferes with the appropriate exercise of the State’s right to separate punishment and causes the victim to be in danger of unfair criminal punishment.
In addition, considering the sentencing conditions indicated in the records, such as the family relationship, living environment, the details and result of the crime, and the circumstances after the crime, the sentence of the court below is appropriate.
3. The defendant's appeal for conclusion is without merit, and Criminal Procedure Act.