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(영문) 서울중앙지방법원 2016.08.25 2016노865
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

According to the records, on February 18, 2016, the Defendant filed an appeal against the lower judgment on February 18, 2016, and received a notice of receipt of the records of trial from this court on March 18, 2016, but failed to submit a statement of reasons for appeal within 20 days, the period for submission of legitimate reasons for appeal (the Defendant submitted a statement of reasons for appeal on April 8, 2016, when the period for filing an appeal is not timely filed).

On June 2, 2016, a national defense counsel is appointed on June 2, 2016, and a notice of receipt of the records of trial was served on him/her on June 8, 2016. However, this case is not a requisite attorney-at-law, but a case where a national defense counsel is to be appointed pursuant to Article 33(3) of the Criminal Procedure Act. Thus, the period for submitting a written reason for filing an appeal by a national defense counsel is deemed to be calculated from the date on which the defendant was notified of the records of trial (see Supreme Court Decision 2013Do4114, Jun. 27, 2013). The petition of appeal does not include the reason for filing an appeal, nor does it find any reason for ex officio examination on the records.

However, in light of the above circumstances, we examine whether the judgment below is guilty and the sentencing for the benefit of the defendant.

① Examining the evidence duly adopted and examined by the original court in comparison with the evidence, the lower court’s determination that found the Defendant guilty of the instant facts charged is justifiable. Furthermore, in full view of the various circumstances, including the background of the instant crime, the Defendant’s age, sexual conduct, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

The defendant's appeal shall be dismissed by decision in accordance with Article 361-4 (1) of the Criminal Procedure Act. However, since the judgment of the court below is judged after pleading, the judgment of the court below is dismissed by decision. It is so decided as per Disposition.

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