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(영문) 인천지방법원 2017.04.26 2016노5181
도로교통법위반(무면허운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. According to the records on the Defendant’s appeal, the following facts are acknowledged: (a) the Defendant filed the instant appeal on December 5, 2016 and received the notice of receipt of the records of trial from the court on December 28, 2016; (b) the Defendant submitted a statement of reasons for appeal on January 18, 2017, which was the due date for submission of the statement of reasons for appeal prescribed in Article 361-3(1) of the Criminal Procedure Act, which was 20 days after the due date for submission; (c) it cannot be a legitimate reason for appeal as it was filed after the due date for submission of the statement of reasons for appeal; and (d) even if ex officio, the lower court’s punishment is too unreasonable.

Therefore, the defendant's appeal shall be dismissed by a ruling in accordance with the main sentence of Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled, the defendant's appeal shall be dismissed by a judgment.

2. Determination on the prosecutor’s appeal

A. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

B. In light of the circumstances asserted by the prosecutor on the grounds of appeal, even if there is no change in circumstances that could consider the sentencing after the judgment of the court below, and considering the various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too uneasible and unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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