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(영문) 울산지방법원 2016.10.27 2015노449
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unfased and unreasonable.

2. Article 33(2) of the Criminal Procedure Act provides that "the court shall appoint a defense counsel if the defendant is unable to appoint a defense counsel because of poverty or any other reason," and Article 17(3) of the Regulation on Criminal Procedure provides that "if the defendant requests the appointment of a defense counsel pursuant to Article 33(2) of the above Act, the court shall appoint a defense counsel without delay, and Article 38 of the same Act provides that "if the defendant is requested to appoint a defense counsel pursuant to Article 33(2) of the above Act, the court shall do so by means of a written judgment prepared by the judge," and Article 38 of the same Act provides that "if the ruling or order is notified, it may be recorded in the court records without preparing a written judgment," and Article 42 of the same Act provides that "In the court records, the pronouncement or notification of a judgment shall be made by means of a service of a certified copy of the

According to the records, the court below acknowledged that the defendant did not make any decision on the request for appointment of state appointed defense counsel in writing on January 22, 2014, which was before the first trial date, such as the appointment or refusal of the appointment of state appointed defense counsel and the closure of the pleadings after the first trial date, and that the defendant did not attend the court and made a decision on the fifth trial date while delaying the sentencing date several times due to the absence of the defendant, which was sentenced by the fifth trial date. Although the defendant submitted the public defense counsel request on January 22, 2014

Even if the court of the original instance finds that the defendant has an opportunity to vindicate the grounds for the claim or that the grounds for the claim are not recognized, it should have made the dismissal decision prior to the pronouncement of the judgment on the last public trial and notified the defendant thereof at the latest. However, the court below should make any request for the appointment of

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