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(영문) 대구지방법원 2018.05.04 2018노107
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (the imprisonment of six months, the suspension of execution of two years, and the community service order of 80 hours) is too unreasonable.

2. Determination

A. With respect to the grounds for ex officio investigation, if the appeal is lawful, the appellate court shall judge without any need to examine whether the grounds for appeal are submitted or whether the grounds for appeal are included in the statement of reasons for appeal. However, with respect to the grounds not subject to ex officio investigation, it shall be limited to cases where the grounds are stated in the petition of appeal or are included in the statement of reasons for appeal submitted within the prescribed period. However, the appellate court may decide ex officio only on the grounds that affect the conclusion of the judgment.

Meanwhile, even if the defendant or defense counsel stated matters not included in the reason for appeal in the appellate court, such circumstance alone has grounds for appeal as argued in the statement.

It cannot be seen (see, e.g., Supreme Court Decision 2006Do8488, May 31, 2007). The Defendant asserted that the Defendant was not guilty on the ground that there was an error of mistake of facts in the lower judgment in the written preparations prepared on April 27, 2018. However, the grounds for appeal did not state the above contents, but did not state such contents within the period for submitting a legitimate written appeal. Thus, the above assertion cannot be viewed as legitimate grounds for appeal.

B. Even if the evidence duly adopted and examined by the court below was examined, there is no reason to ex officio investigation that could affect the judgment in finding the defendant guilty of this part of the facts charged, and thus, the above assertion is not subject to a trial ex officio.

B. The instant crime of determining the illegality of sentencing is not completed in the situation where a lawsuit for the division of property is not completed between the victim and the E in a de facto marital relationship with the victim. Such circumstances are accurate.

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