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(영문) 서울북부지방법원 2020.09.25 2019노271

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals by the Defendants are dismissed.

Reasons

The grounds for appeal

A. According to the records of this Court’s judgment, the Defendants were served with the appellate court’s receipt of trial records on February 12, 2019; Defendant A did not request this court to appoint a state appointed defense counsel; Defendant B requested this court on February 13, 2019; but this court rendered a decision to dismiss the request on February 14, 2019; the above decision was served on February 19, 2019; the Defendants filed the appellate court’s statement of grounds of appeal stating erroneous facts on February 27, 2019; the Defendants filed the appellate court’s statement of supplement to the allegations stated in the above grounds of appeal on April 29, 2019; the Defendants stated facts on the first date of pleading as grounds of appeal; the Defendants stated facts on May 1, 2019, which was after the lapse of the period for filing the appellate court’s first date of appeal; and the court rendered ex officio a decision to appoint a state appointed defense counsel on May 1, 2019.

In a case that is not a requisite attorney-at-law, but a public defender is not required under Article 33 (3) of the Criminal Procedure Act, if the defendant requests the appointment of a public defender under Article 33 (2) of the Criminal Procedure Act only after the period for the submission of the statement of grounds for appeal expires, and the court decides to appoint a public defender, it is not necessary to notify the public defender of the receipt of the notification. In such a case, even if the defendant notified the public defender of the same, the period for submission of the statement of grounds for appeal by the public defender shall be counted from the date on which the defendant received the notification of the receipt of the notification (Supreme Court Decision 2013Do4114 Decided June 27, 2013). Thus,