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(영문) 울산지방법원 2015.10.23 2015노878

한국마사회법위반

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A. From April 2014 to September 2014, 2014.

Reasons

1. Summary of grounds for appeal;

A. According to Defendant A1’s attempt to submit the appellate brief and Article 361-2(2) of the Criminal Procedure Act, when a defense counsel is appointed before the notification of the receipt of the trial records, the court of appeals shall also order the defense counsel to notify the notification of the receipt of the trial records. Thus, in the case where a defense counsel is appointed after the notification of the notification of the receipt of the trial records (see, e.g., Supreme Court Order 65Mo34, Aug. 25, 1965). The same applies to the case where the appellate court appoints a defense counsel and then revokes the appointment of a defense counsel upon the appointment of the defendant and the defense counsel after the notification of the notification of the notification of the receipt of the trial records, and the period for submitting the appellate brief shall be calculated from the date the public defender or the defendant received the notification of the receipt of the trial records (see, e.g., Supreme Court Decision 2006Do5547, Mar. 29, 2007).

However, as Defendant A appointed a private defense counsel on August 27, 2015, Defendant A revoked the appointment of a public defense counsel on the same day.

In addition, on September 22, 2015, the private defense counsel of Defendant A submitted the first statement of reasons for appeal.

Examining in light of the aforementioned legal principles, the period for submitting the grounds for appeal of the instant case ought to be counted from August 6, 2015, on which Defendant A’s public defender received the notification of the receipt of the trial record.

However, since the private defense counsel of Defendant A submitted the statement of grounds for appeal stating a mistake of facts on September 22, 2015, it is clear that the above statement of grounds for appeal is submitted after the expiration of the period for submitting the statement of grounds for appeal.