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(영문) 인천지방법원 2016.05.18 2015노4308
교통사고처리특례법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. According to the records on the determination of the Defendant’s appeal, the defense counsel filed the instant appeal on November 6, 2015, and on December 14, 2015, the Defendant did not submit the reasoning of the appeal within 20 days, which is the period for submission of the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act, even if the court received the notice of receipt of the records of trial from the court lawfully.

In addition, the grounds for appeal are not indicated in the petition of appeal submitted by a defense counsel, and the reasons for ex officio investigation on the records are not found.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of suspended sentence in October) is too uneasy and unfair.

B. There is no change in circumstances that may consider the sentencing after the judgment of the court below, and compared the sentencing conditions as shown in the records and arguments of this case with the reasons for sentencing, the court below’s sentence is too uneasible, even considering the circumstances asserted by the prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and the defendant's appeal shall be dismissed by decision under Article 361-4 (1) of the Criminal Procedure Act, or as long as the prosecutor's appeal is so decided, the defendant's appeal shall also be dismissed by a judgment en bloc. It is so decided as per Disposition.

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