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(영문) 서울서부지방법원 2019.06.20 2018노1518
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On October 30, 2018, the Defendant filed an appeal against the lower judgment on October 30, 2018, and did not submit the statement of grounds for appeal within 20 days, which is the deadline for submitting the statement of grounds for appeal, even if he/she received a written notification of the receipt of the trial records from this court on November 16, 2018, and the petition of appeal does not contain any grounds for appeal, and even if examining records, there is no ground for ex officio investigation.

The Defendant requested the appointment of a state appointed defense counsel on March 14, 2019, after the deadline for filing the statement of grounds for appeal, and this court appointed a state appointed defense counsel on March 21, 2019. The above state appointed defense counsel submitted the statement of grounds for appeal stating that he/she is on board the Defendant on May 31, 2019. However, this is filed after the deadline for filing the statement of grounds for appeal, and it cannot be deemed a legitimate ground for appeal.

(This case is not a necessary attorney-at-law, and since the defendant requested the appointment of a public defender after the deadline for submitting the statement of grounds for appeal expires, the public defender is bound to be responsible for failing to submit the statement of grounds for appeal within the deadline for submitting the statement of grounds for appeal. Ultimately, the dismissal of the defendant's appeal should be decided in accordance with Article 361-4 (1) of the Criminal Procedure Act, but the defendant's appeal shall

2. Determination on the prosecutor’s appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one year of suspended execution, and 80 hours of community service order) is too unhued and unreasonable.

B. In light of the fact that there is no change in the conditions of sentencing compared to the judgment of the court below, and the defendant paid interest of 10 million won or more to the victim, there is no criminal record other than the same kind of criminal record and fine, the contents of deception, and the amount of deception, the sentence of the court below cannot be deemed to have exceeded the reasonable scope of discretion because it is too un

3. The appeal by the Defendant and the prosecutor in conclusion is without merit.

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