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(영문) 광주지방법원 2018.08.22 2018노9
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. According to the records on the judgment on the Defendant’s appeal, the Defendant submitted a petition of appeal on December 12, 2017 without stating the grounds for appeal, and even after being served a notice of receipt of the records of trial on January 8, 2018, the Defendant did not submit the statement of grounds for appeal within 20 days, which is the period for submission of legitimate grounds for appeal, and the Defendant cannot otherwise find the grounds for ex officio examination.

Therefore, the defendant's appeal should be dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act, but as long as the prosecutor's appeal is decided, the defendant's appeal shall also be dismissed in the judgment.

3. We examine the prosecutor's appeal. The prosecutor's above assertion is without merit, since the court below's punishment is too unafford and it is not unfair in light of various sentencing conditions shown in the argument of this case, such as the following: (a) the defendant re-offending during the period of suspension of execution for the same kind of crime; (b) the defendant did not agree with the victim; and (c) the defendant's injury is not easy to recognize the crime of this case; (d) the defendant recognized the crime of this case; and (e) there is no particular change in sentencing conditions compared with the court below; and (e) there is no special change in sentencing conditions.

4. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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