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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
Where an appeal against a judgment of conviction on the scope of a trial by this court is filed, the confirmation of a compensation order shall be prevented even without an objection to the compensation order, and the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings). With respect to any matter that is not a ground for ex officio examination, the appellate court may conduct a trial only when it is included in the grounds for appeal submitted within the prescribed period, unless it is stated in the petition of
Even if it is obvious that the adjudication can be made ex officio.
(See Supreme Court Decision 98Do1234 delivered on September 22, 1998). The court below accepted C’s application for compensation, which is an applicant for compensation, and appealed against the judgment of the court below. However, Defendant A did not assert the grounds for appeal regarding the cited portion of the compensation order by the court below, and even if ex officio is examined, it cannot find the grounds for cancelling or changing the cited portion of the judgment of the court below. Thus, the cited portion of the compensation order by the court below remains intact.
Summary of Grounds for Appeal
Defendant
A In relation to the mistake of facts or misapprehension of legal principles, the Defendant only carried a deadly weapon with him or without exercising the force to the victim P, and thus, this is merely a threat of public intimidation and does not constitute intimidation of robbery.
The punishment sentenced by the court below on unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.
The Defendant of the lower court determined that: (a) the Defendant committed an act of attacking the victim P with A andO by assaulting, threatening, and imprisoning the victim’s property, and by taking the victim’s property by force until Y was confirmed; and (b) the reason why A andO met Y was for receiving a new mobile phone from the victim.