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(영문) 대법원 2019.09.25 2019도7597
대외무역법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

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. Therefore, in a case where only the appellate brief was filed without filing a written appointment of counsel, such appellate brief cannot be a lawful and effective defense counsel’s appellate brief. This is likewise true in a case where the defense counsel filed a written appeal with the lower court as a defense

(2) According to the records, Defendant A was served on June 14, 2019, and Defendant B served on June 13, 2019 with a notice of receipt of the records of trial from each of these courts on the receipt of the records of trial by each of these courts on February 14, 2019 (see, e.g., Supreme Court Decision 2018Do8732, Feb. 14, 2019). The lower court’s defense counsel is aware of the fact that the appellate brief was filed without a defense counsel’s written appointment to this court on July 2, 2019. As such, the said appellate brief submitted by the defense counsel of the lower court

Meanwhile, the court below's defense counsel submitted a petition of appeal to the court below, but the petition of appeal does not contain any grounds of appeal, and the defendants did not submit the petition of appeal or appellate brief.

Therefore, this constitutes a ground for dismissal of appeal under the main sentence of Article 380(1) of the Criminal Procedure Act.

Furthermore, even if examining ex officio records, the lower court did not err by misapprehending the legal doctrine on “an act of falsely indicating the origin or misleading the origin” under Article 33(4)1 of the Foreign Trade Act.

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

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