상해등
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.
On January 22, 2014, the Defendant appeared on the third trial date of the first instance court opened on January 22, 2014, and claimed mistake of facts and unreasonable sentencing as grounds for appeal. The Defendant’s public defender submitted on February 13, 2014, stated the grounds for appeal that mistake of facts and unfair sentencing are grounds for appeal.
However, according to the records, the appeal filed by the defendant on September 5, 2013 includes only the grounds for appeal stating unfair sentencing, the defendant was served with the notification of the receipt of the trial records on October 4, 2013, and the defendant did not submit separate grounds for appeal during the period for submission of the grounds for appeal on 20 days thereafter, and the defendant claimed that the mistake of facts was added as the grounds for appeal on the third day of January 22, 2014, which was after the deadline for submission of the grounds for appeal was not timely filed, and that the defendant requested the appointment of a state appointed defense counsel on the grounds that it is difficult to appoint a private defense counsel on the same day, and accordingly, the appointment of a state appointed defense counsel
Therefore, the grounds for appeal of mistake of facts alleged by the defendant on the third trial date are subsequent to the deadline for submitting the grounds for appeal under Article 361-3(1) of the Criminal Procedure Act, and it cannot be deemed a legitimate grounds for appeal.
In addition, where the defendant requests the appointment of a public defender pursuant to Article 33 (2) of the Criminal Procedure Act only after the period for submitting the statement of reasons for appeal is too excessive, and where the court decides to appoint a public defender, it is not necessary to notify the public defender of the receipt of the trial record. In such a case, even if the same notice was given to the public defender, the period for submitting the statement of reasons for appeal by the public defender shall be the defendant.