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(영문) 수원지방법원 2018.05.04 2016노7631
특수상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (Defendant B);

A. Defendant B had a dangerous object at the time and place of the decision of the court below and had no fact of intimidation against A.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. According to the records of this case’s judgment on Defendant A’s appeal, Defendant A filed an appeal against the lower judgment on November 1, 2016, and on January 12, 2018, Defendant A received a notice of receipt of records of trial lawfully from this court, but failed to submit the statement of grounds for appeal within the submission period for 20-day appeal prescribed in Article 361-3(1) of the Criminal Procedure Act, even if Defendant A received a notice of receipt of records of trial from this court, it is recognized that the petition of appeal does not state the grounds for appeal, and the petition of appeal does not include any other reasons for ex officio investigation on the records, and thus, it is necessary to dismiss Defendant A’s appeal pursuant to Article 361-4(1) of the Criminal Procedure Act. However, as long as Defendant A rendered a judgment on Defendant A’s appeal, Defendant A did not separately decide to dismiss the appeal against Defendant A and shall

B. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below as to Defendant B’s appeal, Defendant B’s intimidationd the victim A, i.e., a dangerous object at the time and place in the judgment of the court below, as stated in the judgment of the court below.

The decision is proper, and there is no error of mistake of fact as alleged by Defendant B.

Therefore, Defendant B’s above assertion is without merit.

① From the police investigation stage to the original trial, Defendant B entered the party room in the judgment of the lower court, and the victim A et al. was Mad with the victim A et al.; Defendant B’s speech and behavior; and the situation before and after the crime are consistent and concrete.

The credibility of the victim's statement A does not appear to be false and credibility is recognized.

(2) above.

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