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(영문) 수원지방법원 2015.09.16 2015노1248
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. On February 6, 2015, the Defendant, who was dissatisfied with the lower judgment and filed an appeal on February 6, 2015, did not submit the statement of grounds for appeal within 20 days from March 10, 2015 (the Defendant’s spouse H was served with the Defendant’s address), and the Defendant’s petition of appeal does not contain any grounds for appeal.

2. Ex officio determination

A. The Defendant asserted a mistake of facts that he did not assault the victim by attending the first trial date on the date of the trial of the party, and argued unreasonable sentencing to the effect that the sentence of imprisonment (one year and six months for imprisonment) by the lower court is too unreasonable.

B. The Defendant’s assertion of mistake of facts is not only a legitimate ground for appeal, but also a ground for appeal that has been filed after the lapse of the period for filing the statement of grounds for appeal.

C. The Defendant’s assertion of unfair sentencing may not serve as a legitimate ground for appeal as an assertion filed after the lapse of the period for filing a statement of grounds of appeal. However, ex officio, the instant crime was committed by the Defendant by assaulting the victim jointly with A and C for about seven weeks, and the nature of the crime is inappropriate in light of the background, method, and content of the crime, the degree of injury inflicted on the victim, and the Defendant has several records of criminal punishment for violent crimes. However, there are unfavorable circumstances, such as the Defendant’s time of committing the instant crime and the victim’s damage were partially recovered before the Defendant files a complaint with the investigative agency, and the victim does not want to be punished against the Defendant. The Defendant did not want to have any history of criminal punishment for the Defendant since 2007, and there was no history of criminal punishment for imprisonment, and the Defendant’s age, character, character, environment, and environment.

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