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(영문) 서울중앙지방법원 2017.09.21 2017노2356
유사수신행위의규제에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. According to the records, even if Defendant A and D received a notice of receipt of the records of trial on July 11, 2017, Defendant A and D did not submit a statement of reasons for appeal within the period for submitting the legitimate statement of reasons for appeal. The petition of appeal does not state the reasons for appeal. Defendant A’s defense counsel submitted a statement of reasons for appeal stating unfair sentencing on August 29, 2017. Defendant A and D present at the first trial date of the trial of the first instance on August 29, 2017 and stated on the ground of unfair appeal.

However, if the reason for appeal is not submitted within the period for submission of the legitimate reason for appeal, even if the reason for appeal is submitted later or the reasons for appeal are stated in the appellate court, there is reason for appeal as alleged in the statement.

In light of the fact that Defendant A and D recognizes and reflects the crime, the status of the above Defendants without the same criminal record, the amount of similar receipt, motive for the crime, circumstances before and after the crime, etc., the court below should make a decision to dismiss all appeals filed by Defendant A and D pursuant to Article 361-4(1) of the Criminal Procedure Act. However, as long as a judgment is rendered against the remaining Defendants, the court below should make a decision to dismiss the appeal separately and also make a decision without making a decision to dismiss the appeal (to the extent that it does not infringe the rights of defense of the Defendants, adding “in collusion with W” in front of the Defendants among the criminal facts of the judgment of the court below to the extent that it does not infringe upon the rights of defense of the Defendants).2.2. Defendant B, C, E, G (unfair sentencing)

A. The summary of the grounds for appeal is too heavy to the Defendants.

B. The fact that the Defendants recognized the crime and reflected the crime, and that all the Defendants are the initial offenders is favorable.

(b).

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