Defendant

Defendant

Doctor's (prosecution) and master's (public trial)

Attorney Jeon Byung-soo

Suwon District Court Decision 2014Gohap418 Decided February 6, 2015

The defendant's appeal is dismissed.

1. Period for submitting a statement of grounds;

A. According to the provisions of Article 361-2 (2) of the Criminal Procedure Act, if a defense counsel is appointed before the notification of the receipt of the trial records, the court of appeals shall order the defense counsel to notify the notification of the receipt of the trial records. Thus, if the defense counsel is appointed after the notification of the notification of the trial records to the defendant (see Supreme Court Order 65Mo34, Aug. 25, 1965, etc.). The same applies to the case where the appellate court appoints a public defense counsel from the defendant and the defense counsel and then revokes the appointment of a public defense counsel upon the appointment of the defendant's defense counsel after the notification of the notification of the notification of the trial records to the defendant. In such a case, the period for submitting the statement of the grounds for appeal shall be calculated from the date the public defense counsel or the defendant received the notification of the trial records

B. According to the records, although the Defendant filed an appeal against the lower judgment, the petition of appeal does not contain the grounds for appeal, and the Defendant’s public defender appointed by the first instance court after the filing of the appeal was served on March 12, 2015, and on March 13, 2015, the Defendant received respectively a written notification of the receipt of the trial records. However, as the Defendant appointed a private defense counsel on March 23, 2015, the court revoked the appointment of the said public defense counsel on March 24, 2015. The private defense counsel of the Defendant filed the first ground for appeal on May 21, 2015.

C. In light of the aforementioned legal principles, the period for submitting the instant statement of grounds for appeal ought to be counted from March 12, 2015 or March 13, 2015, on which the Defendant or a public defender received the receipt of the notification of the receipt of the receipt of the trial records. However, as the Defendant’s private defense counsel submitted the first ground for appeal that should be seen in May 21, 2015, the said grounds for appeal are clearly submitted after the lapse of the period for submitting the statement of grounds for

2. Ex officio determination

A. On May 21, 2015, the Defendant asserted that “the Defendant did not know the content of the instant transfer security agreement, and the Nonindicted Party affixed a seal between the Defendant and his seat, so the Defendant did not have any intention to commit the instant crime.”

B. However, as seen earlier, the Defendant’s assertion is submitted after the deadline for submitting the statement of grounds of appeal, which cannot be a legitimate ground for appeal, and even if ex officio examination of the above assertion is conducted in consideration of the above argument, the Defendant’s intent concerning the instant crime is determined to be sufficiently recognized according to the circumstances as determined by the lower court. Therefore, there is no ground for ex officio examination, such as misconception of facts or misapprehension of legal principles as alleged above,

3. Conclusion

Thus, the defendant's appeal of this case constitutes a case where the defendant did not submit a statement of grounds for appeal within the period stipulated in Article 361-3 (1) of the Criminal Procedure Act, and thus, the defendant's appeal of this case shall be dismissed by decision under Article 361-4

Justices Kim Jong-soo (Presiding Justice)