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(영문) 전주지방법원 2020.09.17 2020노563

모욕

Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The act of entering the facts charged in the instant case constitutes a justifiable act that does not contravene social norms.

B. The lower court’s sentence of unreasonable sentencing (the fine of KRW 500,000) is too unreasonable.

2. The Do and the Defendant filed an appeal against the lower judgment on May 4, 2020, and did not submit the appellate brief within 20 days from the submission deadline of the appellate brief, even after receiving the notification of the receipt of the trial record from the court on May 22, 2020.

The defendant appeared on July 9, 2020 on the first day of the trial of the court, and requested the appointment of a public defender on July 10, 2020. The defendant's public defender submitted the statement of grounds for appeal to the court on July 30, 2020. The defendant's public defender failed to submit the statement of grounds for appeal. However, this is illegal and necessary because it is not an attorney, but a public defender should be appointed under Article 33 (3) of the Criminal Procedure Act. The defendant's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender's public defender.

(Supreme Court Decision 2013Do4114 Decided June 27, 2013). The petition of appeal does not state the grounds for appeal differently.

However, as examined below, the court below did not dismiss the defendant's appeal on the grounds of the Dog of the period for submitting the grounds of appeal, and it can be understood that the defendant's argument is urged to exercise the court's authority under Article 364 (2) of the Criminal Procedure Act.