특정범죄가중처벌등에관한법률위반(도주치상)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 6 million won.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant did not submit the reasons for appeal within the submission period of the reasons for appeal.
B. The lower court’s sentence (2.5 million won in penalty) against the Defendant by the prosecutor (unfair sentencing) is too unhued and unreasonable.
2. According to the records of this case as to the defendant's appeal, although the defendant's defense counsel was dissatisfied with the judgment of the court below on July 8, 2020 and submitted a petition of appeal on July 8, 2020, without stating the grounds for appeal in the petition of appeal; the defendant received the notice of receipt of court records on July 24, 2020; however, it can be recognized that the defendant did not submit the reason for appeal within 20 days from that time; and no other reason for ex officio examination exists.
Therefore, the Defendant’s appeal constitutes grounds for dismissing the appeal by decision pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act (the Defendant’s defense counsel, on November 2, 2020, stated the above document as “written grounds for appeal” not “written grounds for appeal” at the second trial date of the trial of the first instance court, but as “written opinion” on the Defendant’s part against the prosecutor’s appeal.
Through B, the Defendant alleged that the “Do Governor State” was not the case at the time of the occurrence of the instant case, but the Defendant did not appear as a requisite attorney as a assertion after the lawful appeal was not timely, but as a defense counsel should be appointed pursuant to Article 33(3) of the Criminal Procedure Act, in a case not where the Defendant requested the selection of a national defense counsel pursuant to Article 33(2) of the Criminal Procedure Act only after the Defendant had failed to file an appeal, and the court decided to appoint a national defense counsel pursuant to Article 33(2) of the Criminal Procedure Act, it does not need to receive the record of trial from the national defense counsel, and even in such a case, the said national defense counsel was notified of the same fact.
Even if the defendant is notified of the record of trial, the period for filing an appeal by the national defense counsel shall be from the date of receipt.