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(영문) 울산지방법원 2017.07.07 2017노39
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In fact, misunderstanding of legal principles and misconception of facts, the Defendant did not assault the victim except in case where vain tex was cut down on the part of the victim, which was cut down with the chest of the victim, and the victim’s chest was removed from his own vehicle to remove the victim from the victim’s own vehicle. As such, the lower court convicted the Defendant, on the ground that the lower court erred by misapprehending the legal principles and misapprehending the legal principles.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. According to the records on the misapprehension of facts and legal principles, the grounds for appeal filed by the court below on February 7, 2017, which was submitted by the defendant within the submission period of the appeal petition of this case and the defendant within the submission period of the reasons for appeal, are merely the grounds for appeal that the sentencing of the court below is unfair. However, after the defendant's appeal was not timely filed, the national defense counsel was appointed at the defendant's request on April 27, 2017, and the national defense counsel additionally asserted erroneous facts and misapprehension of legal principles through the statement of reasons for appeal filed by the defendant on April 27, 2017. However, this case is not a requisite attorney, not a case where the national defense counsel should be appointed pursuant to Article 33 (3) of the Criminal Procedure Act, and the submission period of the national defense counsel's appeal is also calculated from the date on which the defendant was notified of the records of trial (see Supreme Court Decision 2013Do4114, Jun. 27, 2013).

B. Even if I ex officio examine the instant case, the court below's decision is added to the case at issue.

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