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(영문) 부산지방법원 2016.12.22 2016노901
사기
Text

The defendant's appeal is dismissed.

Reasons

According to the records not submitted in the statement of grounds of appeal, the defendant did not submit the statement of grounds of appeal within 20 days from the date he/she filed an appeal against the judgment below and received the notification of the receipt of the trial records.

On August 25, 2016, the defendant's private defense counsel submitted the appellate brief stating that the sentence of the court below is unreasonable due to the failure to submit the appellate brief. While the defendant did not appear in this court continuously, the defendant's defense counsel asserted unfair sentencing during the third trial of the court of the trial.

However, if a statement of grounds for appeal is not filed within the deadline for submitting legitimate grounds for appeal, the appellate court shall state the grounds for appeal.

Even if this is illegal, it cannot be found that there is a reason to ex officio investigation.

Even if it is assumed that the Defendant’s assertion of unreasonable sentencing becomes a legitimate ground for appeal, in light of the fact that the acquired amount of money by the Defendant is equivalent to KRW 185 million, the Defendant did not agree with the victim, and there is no circumstance to deem that the damage was recovered, and the Defendant has been punished five times by a fine, it cannot be deemed that the lower court’s punishment is too unreasonable.

Therefore, the defendant's appeal shall be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act, but the defendant's appeal shall be dismissed by judgment as long as it has undergone pleadings. It is so decided as per Disposition

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