beta
(영문) 광주지방법원 2019.01.30 2018노2305

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal did not commit an indecent act like the facts charged in this case, but the court below found the Defendant guilty of the facts charged in this case.

[Defendant’s defense counsel asserts unfair sentencing in addition to the above assertion through the statement of grounds of appeal dated January 15, 2019. In light of the foregoing, the appellant or defense counsel shall submit the statement of grounds of appeal within 20 days from the date of receipt of the records of appeal. According to the records, the Defendant submitted the petition of appeal stating that “the Defendant did not commit a crime found guilty.” On July 11, 2018, the Defendant did not submit a separate statement of grounds of appeal within the submission period of the records of grounds of appeal, even if the Defendant received a written notification of the receipt of the records of grounds of appeal from this court on August 8, 2018, and the Defendant did not submit a separate statement of grounds of appeal within the submission period of the appellate brief. This case’s request for the appointment of public defense counsel on December 19, 2018, and the appointed public defense counsel on January 15, 2019 (Supplementary Disposition). This case’s submission period of the appellate brief is not necessary under Article 3333(1) of the Criminal Procedure Act.