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(영문) 울산지방법원 2020.12.17 2020노327
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The Defendant did not submit the grounds for appeal within the submission period for the grounds for appeal, and the petition of appeal does not contain any grounds for appeal, and no grounds for ex officio investigation can be found even after ex officio examination.

Therefore, in accordance with Article 361-4(1) of the Criminal Procedure Act, a decision to dismiss an appeal by a defendant should be made, but as long as a judgment is rendered on the appeal by a prosecutor as follows, a decision to dismiss an appeal by a prosecutor shall not be made separately

2. The grounds for appeal by the prosecutor on the appeal by the prosecutor are that the original sentence is too minor.

However, in full view of all the circumstances described in the reasoning of sentencing and all other conditions of sentencing indicated in the record, it cannot be deemed that the sentence imposed by the lower court against the Defendant is determined within the scope of the court’s sentencing discretion and is too weak to the extent that it cannot avoid reversal.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.

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