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(영문) 의정부지방법원 2019.10.24 2018노3556

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The defendant's appeal is dismissed.

Reasons

1. Scope of the judgment of this court;

A. According to the instant petition of appeal and the records on the process of filing the appellate brief, the following facts are recognized:

① When the lower judgment was declared on November 23, 2018, the Defendant submitted a petition of appeal on November 27, 2018. The petition of appeal contains only the content that the appeal is lodged against the lower judgment, but does not contain any grounds for appeal.

② The Defendant filed an appellate brief on December 19, 2018, which was within 20 days from the date of service of the receipt of the notification of the receipt of the trial records (on December 17, 2018), and stated the grounds for appeal as follows: “I will appeal on the grounds of mistake and unreasonable sentencing. I will later submit the specific grounds for appeal.”

③ On January 4, 2019, an attorney-at-law R, S, public-service advocates T, U, and V submitted a report on the appointment of a defense counsel to this court. On August 14, 2019, the Defendant dismissed attorneys-at-law R, S, public-service advocates T, U, and V, and submitted an application for dismissal and change of a defense counsel with the appointment of a defense counsel as a defense counsel.

④ On September 18, 2019, the defense counsel presented a defense counsel’s opinion that denies the instant facts charged to the effect that he/she did not commit an indecent act against the victim.

B. Provisions and meaning1) Article 361-3(1) of the Criminal Procedure Act provides that "the appellant or defense counsel shall submit the statement of grounds for appeal to the appellate court within 20 days from the date on which he/she received the notification of the receipt of the trial records," and Article 361-4(1) provides that "if the appellant or defense counsel fails to submit the statement of grounds for appeal within the above period, the appeal shall be dismissed by decision, unless any ground for ex officio examination exists or the petition of appeal states the grounds for appeal," and Article 364 provides that "the appellate court shall judge the grounds included in the grounds for appeal (Article 364)."