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(영문) 제주지방법원 2017.01.12 2016노203
상해등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too unhued and unreasonable.

B. The Defendant (the grounds of appeal and this Court appointed a national defense counsel upon the Defendant’s request for the appointment of a national defense counsel after the lapse of the period of appeal, and the national defense counsel so claimed unfair sentencing on the grounds of the Defendant’s appeal, which is not timely filed after the Defendant’s appeal was not timely filed, and thus, cannot be deemed legitimate grounds of appeal.

B. We examine ex officio the above unfair sentencing argument, and consider all sentencing factors expressed in the records and trial process of this case including the contents and circumstances of each of the crimes in this case, it does not seem that the sentence imposed by the court below against the defendant exceeded the scope of reasonable discretion or is too unreasonable.

According to the records of this case, the Defendant filed an appeal against the lower judgment on March 29, 2016. However, on May 10, 2016, the Defendant did not submit a statement of reason for appeal within the lawful submission period even after being duly served with the notice of receipt of the records of trial by this court. The petition of appeal does not contain reasons for appeal even in the petition of appeal.

2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of each of the crimes in this case, the nature of the crimes is not good, the Defendant was unable to agree with the victim B, and the Defendant was punished by the Defendant, and the Defendant had a record of criminal punishment several times prior to the instant case.

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