Text
All appeals by the Defendants and the Prosecutor are dismissed.
Reasons
1. Judgment on the defendants' appeal
A. The appellant of the relevant legal doctrine shall submit a statement of grounds for appeal to the appellate court within 20 days from the date on which he/she received the notification of the receipt of the trial records (Article 361-3(1) of the Criminal Procedure Act), and if the statement of grounds for appeal is not submitted within
(Article 361-4(1) of the same Act. On the other hand, where a private defense counsel is appointed after the defendant received notification of the receipt of the notification of the notification of the receipt of the notification, no notification is required for the defense counsel again,
Even if a statement of grounds for appeal is filed, it shall be calculated from the date on which the defendant received the notice (see, e.g., Supreme Court Order 2010Mo1741, May 13, 201; Supreme Court Decision 96Do166, Sept. 6, 1996).
Judgment
According to the records, even if the Defendants were to be served with each written notification of the receipt of the notification of the trial records during the period from April 28, 2014 to May 12, 2014, the Defendants did not submit the written notification of the receipt of the trial records within the period for submitting the written notification of the grounds for appeal, and did not state the grounds for appeal in the petition of appeal
(2) The Defendant’s defense counsel presented the grounds for appeal on July 21, 2014 that the period for submitting the grounds for appeal was clearly excessive. In addition, the Defendants asserted the grounds for appeal on July 21, 2014 on the date of the first trial of the court of first instance, but this is also filed after the period for submitting the grounds for appeal has expired.
Therefore, under Article 361-4(1) of the Criminal Procedure Act, a decision to dismiss the Defendants' appeal should be made, but as long as a judgment is rendered on the prosecutor's appeal, the dismissal of appeal should not be separately decided and the judgment should be rendered together.
2. Judgment on the prosecutor's appeal
A. The prosecutor of the gist of the grounds for appeal is as follows: the defendant A, the defendant B, C, D, E, F, and G, who had been sentenced to the suspension of execution in six months of imprisonment.