beta
red_flag_2(영문) 수원지방법원 2012. 11. 29.자 2012노2975 결정

[사기][미간행]

Escopics

Defendant

Appellant. An appellant

Defendant

Judgment of the lower court

Suwon District Court Decision 2009Gohap577 Decided June 28, 2012

Text

Defendant (Re-Appellant)’s appeal is dismissed.

Reasons

According to the records of this case, the Defendant filed an appeal against the lower judgment on July 11, 2012, and the Nonindicted Party, the spouse of the Defendant, was served with the Defendant’s written notification of the receipt of the notification of the trial record as a person living together with the Defendant on August 10, 2012, and ○○○○○○, the Defendant was found to have failed to submit the written notification of the trial record within 20 days, a lawful period for submission of the written statement of grounds for appeal. As such, insofar as there is no evidence to deem otherwise that the service on the Defendant’s family living together with the Defendant, no other evidence exists to deem that the Defendant’s spouse does not have any intelligence to change his or her death, the service constitutes a lawful supplementary service under Article 186 of the Civil Procedure Act applied mutatis mutandis pursuant to Article 65 of the Criminal Procedure Act, and the Defendant’s written application for

Therefore, the defendant's appeal is dismissed in accordance with Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act.

Judges Kim Han-sung (Presiding Judge)