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(영문) 창원지방법원 2019.11.27 2019노1981
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant in a judgment prison or detention house regarding the appeal of the defendant may waive his appeal by submitting a document in which he withdraws the appeal to the head of the prison or detention house (Articles 355 and 344(1) of the Criminal Procedure Act), and a person who withdraws the appeal shall not waive another appeal in respect of such case;

(1) According to the records, the Defendant submitted a petition of appeal to the representative of the Jinju Correctional Institution on September 18, 2019, which was sentenced to the judgment of the court below, on which September 23, 2019, and submitted the written withdrawal of appeal to the representative of the Jinju Correctional Institution on September 23, 2019, and the Defendant again submitted a petition of appeal to the representative of the Jinju Correctional Institution on September 27, 2019.

If so, the defendant's appeal is unlawful because it is obvious that the appeal is filed after the right to appeal is extinguished due to withdrawal of appeal.

Therefore, in accordance with Articles 362(1) and 360(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, a decision to dismiss an appeal by a public prosecutor shall be rendered without separately

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is deemed to be too uneasible and unfair.

B. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Even when considering the circumstances alleged by the prosecutor as the grounds for appeal, the lower court appears to have determined a punishment within a reasonable scope, sufficiently taking into account the overall circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, prosecutor's assertion is without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion are dismissed in entirety on the grounds of merit.

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