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(영문) 서울북부지방법원 2015.06.03 2015노553
모욕등
Text

Defendant

A The part of the judgment of the court below against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

(b).

Reasons

1. Defendant A’s appeal

A. The gist of the grounds for appeal is too unreasonable that the lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

B. The judgment of the court below is based on the following facts: Defendant A paid patrol car repair costs at the court below; Defendant A deposited KRW 500,000 in money to police officers G at the court below; Defendant A did not have the previous record; and Defendant’s age, character and conduct, family environment, etc. were considered to be heavy when examining various sentencing conditions indicated in the arguments.

Therefore, we accept the defendant A's argument.

2. Defendant B’s appeal and prosecutor’s appeal;

A. The gist of the grounds for appeal is that the punishment of the court below (two months of imprisonment, three years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

Prosecutor: The sentence of the court below is too unjustifiable and unreasonable.

B. (1) The appellant for the judgment on Defendant B’s appeal shall submit the grounds of appeal to the appellate court within 20 days from the date on which he receives the notification of the receipt of the notification of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the grounds of appeal are not submitted within the said period, the appellate

(A) According to the records, Defendant B submitted a petition of appeal (no statement in the grounds for appeal) on April 3, 2015, and received the notification of the receipt of the trial record from a party member on April 21, 2014. On April 22, 2015, Defendant B requested the appointment of a state appointed defense counsel on April 27, 2014, and received the notification of the decision of dismissal on April 27, 2014. However, Defendant B submitted the grounds for appeal on May 19, 2015, for the period not exceeding 20 days under Article 361-3(1) of the Criminal Procedure Act.

Therefore, it is proper that Defendant B’s submission of the grounds for appeal is inappropriate, and it is not possible to find the grounds for ex officio investigation differently.

Therefore, Defendant B’s appeal is rejected.

(2) We examine the Prosecutor’s appeal of the Prosecutor, and at the original trial, the police vehicle repair cost was paid, Defendant B did not have the same criminal record, and Defendant B did not have the same criminal record, and Defendant B’s 500,000 money against police officer G at the trial.

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