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(영문) 대법원 2013.04.11 2012도15128
명예훼손
Text

The appeal is dismissed.

Reasons

The appointment of a defense counsel shall be submitted in writing, signed and sealed jointly by the defense counsel.

(Article 32(1) of the Criminal Procedure Act. Accordingly, in a case where the appellate brief was submitted without filing a written appointment of counsel and only the appellate brief was submitted after the expiration of the period for submitting the appellate brief, the appellate brief cannot be a legitimate and effective appellate brief for defense counsel.

(1) According to the records, the Defendant is served with a notice of receipt of court records from the court on December 13, 201, and the Defendant submitted a statement of grounds for appeal on January 7, 201, 201, while the Defendant did not submit a counsel appointment document to the court on January 2, 2013, and the Defendant’s counsel appointment document was submitted to the court on January 7, 2013, since the above statement of grounds for appeal submitted by the counsel at the court on November 7, 2013, was not submitted. Thus, the appellate brief submitted by the counsel at the court on December 14, 2010 is not a legitimate ground for appeal because it was not a person authorized to submit a document by the counsel at the court on December 14, 201.

On the other hand, the Defendant did not submit a statement of grounds for appeal within the submission period and did not state the grounds for appeal in the petition of appeal.

Therefore, this constitutes a ground for dismissal of appeal under the main sentence of Article 380 of the Criminal Procedure Act.

In addition, even if examining the reasoning of the judgment below ex officio, there is no error of law by misapprehending the legal principles regarding the public performance in the crime of defamation or by exceeding the bounds of the principle of free evaluation of evidence.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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