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(영문) 서울중앙지방법원 2015.07.16 2015노1389
의료법위반
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant filed a statement of grounds of appeal disputing unfair sentencing after the expiry of the period for filing the legitimate grounds of appeal.

B. In light of the various circumstances of the prosecutor, the sentence of imprisonment (ten months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) of the court below is too uneasible and unreasonable.

2. Determination

A. On March 19, 2015, the Defendant filed a petition of appeal on March 19, 2015, and received the notification of the receipt of the trial record on April 14, 2015, but did not file the statement of grounds for appeal within the lawful period for submission of the appellate brief.

The grounds for ex officio investigation can not be found even after examining ex officio the grounds for appeal that have been asserted after the lapse of the period for appeal.

Therefore, in accordance with Article 361-4(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 public prosecutor, a decision to dismiss an appeal should not be made separately

B. There are several records of the Defendant’s judgment on the grounds for appeal by the prosecutor.

However, in full view of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime and all of the sentencing conditions indicated in the instant records and pleadings, including the circumstances after the crime, the sentence of the lower court is too uneasy and unreasonable.

3. Accordingly, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.

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