beta
(영문) 서울중앙지방법원 2020.11.24 2018노2627

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant stated only to the purport of the grounds for appeal on August 30, 2018 and September 21, 2018, based on the statement of grounds for appeal as of September 21, 2018, and filed an appeal on the grounds of unfair sentencing on November 3, 2020, and on the fourth trial day of the trial of the first instance on November 3, 2020, the victim would have failed to reach an agreement on the grounds of unfair sentencing, but the amount of two years after the date on which the statement of grounds for appeal was submitted is more than two years, and therefore, it is argued to the purport that the fact of destroying the facts charged in the instant case cannot

The Criminal Procedure Act shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which an appellant receives the notification of the receipt of the trial records from the appellate court (Articles 361-3(1) and 361-2), and where no statement of grounds for appeal is submitted within 20 days, the appellate court shall dismiss the appeal by decision (Article 361-4(1)), and where the statement of grounds for appeal is submitted within 20 days from the date on which the appellate court receives the notification of the receipt of the trial records, the appellate court shall decide on the grounds that are included in

(Article 364, Section 1, Section 2).

In light of the contents of the relevant provisions of the Criminal Procedure Act, in this case, the defendant must judge the grounds that are included in the grounds for appeal in the grounds for appeal under the previous appellate brief clearly stated in the records that the defendant himself/herself received the notification of the receipt of the notification of the trial record from the appellate court on September 17, 2018, and that he/she received the notification of the notification of the receipt of the notification of the notification of the notification of the notification of the notification of the notification of the notification of the notification of the notification of the notification of the notification of the notification of the notification of the notification of the notification of the notification

Therefore, the facts charged in this case are different.

참조조문