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(영문) 부산지방법원 2017.11.17 2017노2227
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal shall be judged without any need to examine whether the grounds for appeal are submitted, or whether the grounds for appeal are included in the statement of reasons for appeal, if the appeal concerning the grounds for ex officio examination are lawful. However, with respect to the grounds for ex officio examination, it shall be limited to cases where the grounds for appeal are stated in the petition of appeal or are included in the statement of reasons for appeal submitted within the prescribed period. However, even if the grounds for appeal are not included in the statement of reasons affecting the judgment, it may be judged ex officio only in exceptional cases where the grounds for appeal are not included in the statement of reasons. Meanwhile, even if the defendant or defense counsel states

It cannot be seen (see Supreme Court Decision 2002Do167, Feb. 26, 2002). The Defendant also asserted the sentencing on the grounds of appeal in the appellate court, but the reason for appeal does not state the above contents in the appellate court. The reason for appeal is not stated, and there is no lack of assertion within the period for submission of a legitimate reason for appeal. Thus, the above assertion cannot be viewed as a legitimate ground for appeal.

B. In addition, even if we look at ex officio, it is difficult for the court below to see that the sentence is too unreasonable by taking into account various sentencing conditions.

The defendant is merely a scambling that he was scambling with scambling, and there is no fact that he was scambling.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The defendant argued the same purport in the court below, and the court below rejected the above argument in detail. In light of the evidence duly admitted and duly examined by the court below and the court below, the judgment of the court below is just, and the defendant's allegation of mistake is justified.

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