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(영문) 대구지방법원 2019.06.11 2018노4034
퇴거불응
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records of this case on October 22, 2018, the defendant appealed against the judgment of the court below, and the defendant filed an appeal on October 22, 2018, and the defendant was notified of the notification of the receipt of the grounds of appeal by the court on November 12, 2018, and it is recognized that the defendant did not submit the grounds of appeal within 20 days after receiving the notification of the receipt of the notification of the grounds of appeal from the court on November 12, 2018. The petition of appeal does not state the grounds of appeal in the petition of appeal, and the defendant's appeal shall be dismissed pursuant to Article 361-4 (1) of the Criminal Procedure Act

2. Judgment on the prosecutor's appeal

A. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

B. Even if the judgment prosecutor considers the circumstances (e.g., concerns over re-offenders) that are favorable to the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, taking full account of all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The prosecutor's assertion that the sentencing of the court below is unfair is rejected.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit, and the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is dismissed. However, as long as it is decided as above on the prosecutor's appeal, the prosecutor's appeal shall not separately dismiss

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