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(영문) 대법원 2013.06.27 2013도4114
공기호부정사용등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to Articles 361-2 and 361-3(1) of the Criminal Procedure Act, when the appellate court receives the record, it shall immediately notify the appellant and the other party thereof. When a counsel is appointed before such notification, the counsel shall also be notified, and the appellant or the counsel shall submit the statement of grounds for appeal within 20 days after such notification is received.

Therefore, where a private defense counsel is appointed after the defendant received notification of the receipt of the trial record, it is not necessary to give the same notification to the private defense counsel.

Even if the period for submitting the statement of grounds for appeal is calculated from the date on which the defendant received the notice (see, e.g., Supreme Court Order 2010Mo1741, May 13, 201; Supreme Court Order 96Do166, Sept. 6, 1996; Supreme Court Order 65Mo34, Aug. 25, 1965). Meanwhile, Article 156-2 of the Regulation on Criminal Procedure, which provides for “the appointment of a public defender and the receipt of the notification of the receipt of the trial records,” provides that “where a public defender is appointed pursuant to Article 33(1)1 through 6 of the Criminal Procedure Act” and “where a public defender is appointed pursuant to Article 33(3) of the Criminal Procedure Act, he/she shall appoint a defense counsel without delay and shall notify the receipt of the notification of the receipt of the trial records” (Article 33(1)).

(2) Paragraph (2). As such, Article 156-2 of the Regulation on Criminal Procedure concerning “the appointment of a public defender and the receipt of the notification of the receipt of trial records” is subject to the appointment of a public defender under Article 33(2

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