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(영문) 대구지방법원 2020.10.27 2019노3880

성매매알선등행위의처벌에관한법률위반(성매매알선등)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Article 156-2 of the Regulation on Criminal Procedure concerning the appointment of a public defender and the receipt of the notification of the trial records concerning the defendant's appeal under Article 33(2) of the Criminal Procedure Act provides that "where the defendant requests the appointment of a public defender from the defendant before the deadline for submitting the appellate brief is not timely filed," the court's decision or the notification of the receipt of the trial records is not separately provided for in the case where the defendant requests the appointment of a public defender from the defendant after the deadline for submitting the appellate brief is not timely filed. Even if the defendant appointed a public defender before the deadline for submitting the appellate brief and the deadline for submitting the appellate brief after the receipt of the notification of the trial records, it is not necessary to again notify the private defense counsel again, and compared with calculating the date on which the defendant received the notification of the appellate brief from the date on which the defendant received the notification of the appellate brief, it is not sufficient to regard the notification of the trial records again from the date on which the defendant again appointed a public defender under Article 33(2) of the Criminal Procedure Act.