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(영문) 서울서부지방법원 2019.07.11 2018노281

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized evidence 1, 3, 4, 6 through 10 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The judgment of the court below that found the credibility of each of the above statements, even though there is no credibility, and found Defendant 1 guilty of the case in 2017 Highest 1521, which affected the conclusion of the judgment by misunderstanding the facts. (2) The judgment of the court below on unreasonable sentencing (4 years of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. If a defense counsel submitted a statement of grounds of appeal without submitting a legal counsel appointment system on March 16, 2018, and the counsel appointment system was submitted after the expiration of the period for submitting the grounds of appeal, it shall not be deemed a legitimate and effective grounds of appeal.

(2) In light of the records, the Defendant did not submit the statement of grounds for appeal within the 20-day period for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act even if he/she was served with the notice of grounds for appeal on October 4, 1969, Supreme Court Order 69Mo68, and Supreme Court Order 2001Do4839, Nov. 1, 2001, etc.). The record reveals that the Defendant did not submit the statement of grounds for appeal within the 20-day period for submitting the statement of grounds for appeal under Article 361-3(1) of the Criminal Procedure Act, and the reason for appeal is not stated in the petition of appeal. The reason for appeal submitted by the defense counsel was submitted on March 16, 2018, but the defense counsel was not appointed until then, and the fact that the defense counsel was submitted only on April 23, 2018 when the period for submitting the statement of grounds

However, Article 364(2) of the Criminal Procedure Act provides that "the court of appeals may decide ex officio on the grounds that affect the judgment, even if the grounds for appeal are not included in the statement of grounds for appeal." This applies to the case where the defendant fails to submit the statement of grounds for appeal within a legitimate period, and the court of appeals ex officio prior to the judgment of the public prosecutor as to the grounds for appeal that the