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(영문) 대구고등법원 2014.03.19 2013노500
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to Articles 343, 358, and 359 of the Criminal Procedure Act regarding the judgment on Defendant’s appeal, where there is an objection to the lower judgment, a written petition of appeal shall be submitted within seven days from the date on which the judgment was rendered. According to the records, the Defendant may recognize the fact that the Defendant submitted a petition of appeal on September 23, 2013, which is apparent reversely apparent that seven days have passed from September 12, 2013, which is the date on which the lower judgment was rendered. This is obvious that the right to appeal was extinguished due to the lapse of the period for filing an appeal.

Therefore, since the appeal of this case by the defendant is unlawful, the defendant's appeal of this case shall be dismissed by decision under Articles 362 (1) and 360 of the Criminal Procedure Act. However, as long as the court decides on the prosecutor's appeal as follows, the defendant's appeal shall be dismissed by decision as per Disposition.

2. Judgment on the prosecutor's appeal

A. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, four years of suspended execution) is too uneased and unreasonable

[Public prosecutor asserted to the effect that mitigation of mental or physical disability by the lower court was unfair on December 4, 2013 at the first public trial date. However, according to Article 361-3(1) of the Criminal Procedure Act, an appellant shall submit the statement of grounds for appeal within 20 days from the date he/she received the notification of the receipt of the notification of the notification of grounds for appeal. Thus, the contents or arguments on the date of appeal, etc. submitted after the deadline for submission of the statement of grounds for appeal cannot be deemed legitimate grounds for appeal. However, it is necessary to determine only to the extent it supplements the grounds for appeal submitted within the deadline. The public prosecutor’s above ground for appeal (within 20 days from Oct. 11, 2013 upon receipt of the notification of the receipt of the receipt of the notification of the receipt of the notification of grounds for appeal) shall be considered only to the extent it supplements the legitimate grounds for appeal (con

Judgment

1. As to the allegation of unfair sentencing, the instant crime is committed.

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