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(영문) 창원지방법원 2018.04.26 2017노3277
재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On February 6, 2018, the defendant, who judged on the appeal of the defendant, failed to submit a written reason for appeal within 20 days from the receipt of a notice of receipt of the records of trial (public notice) by this court, even though he/she was served with the notice of receipt of the records of trial.

2. Judgment on the prosecutor's appeal

A. Sentencing sentencing on the gist of grounds of appeal

B. Even if the judgment prosecutor considers the circumstances that are favorable on the grounds of appeal, the lower court appears to have determined the sentence within a reasonable scope, taking full account of the overall circumstances regarding sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

We do not accept the prosecutor's argument that the sentencing of the court below is unfair.

3. Conclusion, the defendant's appeal shall be dismissed by decision in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, as long as the prosecutor's appeal is ruled, the defendant's appeal shall also be dismissed by judgment in a lump sum. Since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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