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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the facts.
B. The judgment of the court below against the defendant who was unfair in sentencing is too unreasonable. It is so unfair that the punishment of the court below is too unreasonable.
2. Determination
A. According to the record as to the assertion of mistake of facts, the defendant's defense counsel at the court below's judgment stated that an appeal was filed on the ground of "misunderstanding of facts" in the petition of appeal, and the defendant did not submit a statement of reason for appeal within the submission period even after being served with a notice of receipt of the records of trial by this court on May 10, 2016, and the defendant stated that he/she would be aware of all the facts charged by being different from the court below on the first trial date at the court below at the court below's first trial, and according to
It is reasonable to see that, even if the court below duly adopted and examined the evidence, it is difficult to find out the grounds for ex officio investigation that could affect the judgment in finding the Defendant guilty of the facts charged in this case.
B. Regarding the unfair argument of sentencing, the court of appeals shall judge without any need to examine whether the grounds for appeal are submitted if the appeal is lawful, or whether the grounds for appeal are included in the statement of reasons for appeal. However, with respect to any reason not to be examined ex officio, only where it is included in the petition of appeal or in the statement of reasons for appeal submitted within the prescribed period, unless it is stated in the petition of appeal or otherwise, it may be the object of the adjudication. However, even if it is not included in the statement of reasons affecting the judgment exceptionally, it may be tried ex officio even if it is not included in the statement of reasons for appeal. Meanwhile, even if the defendant or defense counsel states matters not included in the statement of reasons in the
It cannot be seen (Supreme Court Decision 98Do1234 delivered on September 22, 1998, etc.).