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(영문) 서울남부지방법원 2016.11.18 2016노843 (1)
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

According to the records, even if the Defendants received a written notification of the receipt of notification of the receipt of trial records on June 9, 2016, they did not submit the grounds for appeal within 20 days from the receipt of the written notification of the receipt of trial records (the grounds for appeal filed by their counsel on July 4, 2016, is not legitimate grounds for appeal since they were submitted after the expiration of the period for submission of the grounds for appeal, and are not legitimate grounds for appeal).

[Defendant B stated in the police that “I cannot hear Korean language, and I want to participate of an interpreter.” The police investigation of the Defendants was present (Evidence Record 39,47 pages). The Defendants were tried without the interpreter’s interpretation in the presence of the defense counsel in the court below, and the court of the trial did not wish to interpret while I want to have a certain degree of communication in Korean. In light of the fact that the defense counsel of the court below participated as a defense counsel, the Defendants do not seem to fall under “a person who does not go through Korean language” (Article 180 of the Criminal Procedure Act) that requires interpretation unlike Co-defendant A. Therefore, all appeals filed by the Defendants pursuant to Article 361-4(1) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.

[In accordance with Article 25(1) of the Rules of Criminal Procedure, the court below’s addition of “The Punishment of Violences, etc. Act (amended by Act No. 13718, Nov. 18, 2016)” after the part of “The Punishment of Violences, etc. Act” (amended by Act No. 13718, Nov. 18, 2016) shall

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